Humphrey

MEMORANDUM **

Anthony Leonard Humphrey appeals a 27 month sentence imposed following his conviction by guilty plea to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , we review de novo, United States v. Allen, 153 F.3d 1037, 1040 (9th Cir. 1998), and we affirm.

Humphrey contends that the district court improperly included three criminal history points arising from three prior misdemeanor convictions in calculating his criminal history score. Humphrey specifically argues that the three points were improperly included because he allegedly pleaded guilty without being informed of his right to counsel. Humphrey’s contention is unpersuasive.

In the context of a constitutional challenge to a prior conviction with respect to a criminal history calculation, the ultimate burden of proving the infirmity of the conviction lies with the defendant. United States v. Allen, 153 F.3d 1037, 1041 (9th Cir.1998). To succeed in his challenge, Humphrey thus must present evidence sufficient to overcome the presumption that he was informed of, and knowingly and voluntarily waived, his right to counsel.…