Fitch

MEMORANDUM **

James Fitch contends the district court erred by including uncounseled misdemeanor convictions to calculate his criminal history score. We agree with the district court that the convictions may be included because the record indicates that Fitch waived his right to counsel. Accordingly, we affirm.

DISCUSSION

The Sentencing Guidelines provide that certain misdemeanor convictions may be included for purposes of determining a *520 defendant’s criminal history. See U.S.S.G. § 4A1.2(c). Fitch does not contest that his misdemeanor convictions qualify under § 4A1.2(c). Rather, he argues for a categorical exclusion of uncounseled misdemeanor convictions that result in jail time. He bases his argument on a background statement to § 4A1.2 that “[pjrior sentences, not otherwise excluded, are to be counted in the criminal history score, including uncounseled misdemeanor sentences where imprisonment was not imposed.” Thus, he argues by “negative implication” that uncounseled misdemeanors are not counted if a prison sentence was imposed.

We disagree. We have repeatedly held that an uncounseled misdemeanor conviction may be included for purposes of establishing a defendant’s…