Astore

MEMORANDUM *

Patrick Louis Astore (“Astore”) appeals the concurrent 108-month sentences imposed following his guilty plea to one count of receipt of child pornography and one count of possession of child pornography. We review de novo a district court’s interpretation and application of the Sentencing Guidelines, United States v. Johnson, 297 F.3d 845, 867 (9th Cir.2002), and we affirm.

*869 Astore argues that the district court’s five-point enhancement for a pattern of activity under U.S.S.G. § 2G2.2(b)(4) is impermissible double counting because his past convictions for sexual abuse of minors were already accounted for in his criminal history category and led to the imposition of a statutorily mandated minimum sentence under 18 U.S.C. § 2252A(b)(l). “Impermissible double counting occurs only when one part of the Guidelines is applied to increase a defendant’s punishment on account of a kind of harm that has already been fully accounted for by application of another part of the Guidelines. ” United States v. Martin, 278 F.3d 988, 1004 (9th Cir.2002) (quoting United States v. Alexander, 48 F.3d 1477, 1492 (9th Cir. 1995)) (emphases added). Mandatory minimum sentences do not…