Sanders

MEMORANDUM **

George Wayne Sanders appeals his 87-month sentence imposed following his guilty plea conviction to one count of endangering human life while attempting to manufacture a controlled substance, in violation of 21 U.S.C. §§ 841 (a)(1), 846 and 858. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Sanders contends that the district court erroneously counted four prior uncoun-selled state misdemeanor convictions, which raised his criminal history score from I to III. We are unpersuaded.

This court reviews de novo the “district court’s determination that a particular conviction may be used in calculating a defendant’s criminal history score.” United States v. Allen, 153 F.3d 1037, 1040 (9th Cir.1998). The defendant bears the burden to prove the invalidity of a prior conviction by a preponderance of the evidence, which must be sufficient to overcome the presumption that there was a valid waiver of counsel. Id. at 1041 . A defendant cannot overcome that burden “merely by pointing to a silent or ambiguous record.” United States v. Mulloy, 3 F.3d 1337, 1339 (9th Cir.1993).

Sanders failed to proffer any evidence that he did not…