Overton

MEMORANDUM **

Michael Overton pled guilty to two counts of possession of stolen mail, in violation of 18 U.S.C. § 1708 . In this appeal, he argues that the district court erred by finding that he engaged in more than minimal planning, and, therefore, applying a two point offense level enhancement under U.S.S.G. § 2D1.1(b)(4)(A). 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Application Note 1(f) to U.S.S.G. § 1B1.1 sets forth the applicable definition of “more than minimal planning.” See U.S.S.G. § 2B1.1, Application Note 1. It reads, in pertinent part: “ ‘More than minimal planning’ means more planning than is typical for commission of the offense in a simple form.... ‘More than minimal planning’ is deemed present in any case involving repeated acts over a period of time, unless it is clear that each instance was purely opportune.”

Overton asserts that he did not have the mental capacity to engage in more than minimal planning because he was suffering from untreated Bipolar Disorder and methamphetamine addiction. He cites the report of Dr. John P. Berberich, his evaluating psychologist, in support of his claim. However, although Dr.…