Brown
United States v. Brown
Opinion
Lead Opinion
MEMORANDUM **
Marcus Lamonte Brown appeals his 104-month sentence, imposed after pleading guilty to three counts of controlled substance violations under 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Brown first contends that the district court incorrectly calculated his criminal history category. We decline to address this contention, because we find that Brown waived the specific objections he now raises on appeal. See United States v. Baker, 63 F.3d 1478, 1500 (9th Cir.1995) (en banc) (declining to address government’s cross-appeal of defendants’ sentences, because “A challenge to an adjustment of an offense level must be raised specifically at sentencing in order to afford the district court an opportunity to correct any potential error. A challenge that is not properly raised in the district court is waived.”)
To the extent Brown has not waived this objection, it lacks merit because the Sentencing Guidelines range would remain unaffected. See United States v. Collins, 109 F.3d 1413, 1422-23 (9th Cir.1997) (finding harmless any alleged error, where resulting sentence would remain the same).