United States v. Harold Patrick Mitchell

Harold Mitchell appeals the 60-month sentence imposed by the District Court following his 2002 guilty plea to conspiracy to distribute, and distribution of, methamphetamine and cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). Mitchell contends that the District Court miscalculated his criminal history score under the Federal Sentencing Guidelines by including a 1993 juvenile post-office burglary conviction that originally resulted in a term of straight probation. Because Mitchell concedes that his probation was subsequently revoked and that he was confined on three separate occasions in 1994, 1995, and 1997, we hold that his 1993 sentence resulted in a term of confinement and that the District Court properly counted the sentence in tabulating Mitchell’s criminal history score under Chapter Four of the Sentencing Guidelines. See United States v. Johnson, 205 F.3d 1197, 1200 (9th Cir.2000).

We review the District Court’s application of the Sentencing Guidelines de novo. See United States v. Castillo, 181 F.3d 1129, 1134-35 (9th Cir.1999).

Mitchell last violated the terms of his 1993 probation in March 1997. As a result, he was sent to a State juvenile facility until he…