Fujita

MEMORANDUM **

Richard Fujita (“Fujita”) challenges the calculation of his criminal history score, done in connection with his plea of guilty to aiding and abetting the possession with intent to distribute methamphetamine. Specifically, Fujita argues his prior Hawaii conviction for criminal tampering should have been excluded because of its similarity to the listed offenses excluded from *8 consideration under Sentencing Guideline § 4A1.2(c)(l).

Because Fujita failed to object, either to the presentence report or at the sentencing hearing, we review the district court’s decision for plain error. United States v. Saya, 247 F.3d 929, 942 (9th Cir.2001). The cases cited by Fujita do not support his claim that de novo review is appropriate here because those cases contain no mention of a failure to object. See United States v. Martinez (Carlos), 69 F.3d 999, 1000 (9th Cir.1995); United States v. Hardeman, 933 F.2d 278, 279-80 (5th Cir.1991).

Under plain error review, we may reverse only where (1) there was error, (2) the error was “plain,” (3) the error affects the defendant’s substantial rights, and (4) the error “seriously affects the fairness, integrity or public reputation of…