Malta

MEMORANDUM *

Ronald Malta pled guilty to, and was convicted of, using a communications facility to facilitate a drug-trafficking crime, in violation of 21 U.S.C. § 843 (b) and of conspiring to possess crystal methamphetamine (“ice”) with the intent to distribute it, in violation of 21 U.S.C. § 846 . The court sentenced Malta to imprisonment for concurrent terms of 48 months and 138 *248 months, respectively. Malta raises several challenges in connection with his sentence. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We affirm.

I.

Malta’s undisputed status as a career offender appears to render the distinction between D-methamphetamine and L-methamphetamine in this case irrelevant. Pursuant to Sentencing Guidelines § 4B1.1, the offense statutory maximum establishes a career offender’s offense level. As the statutory maximum for the conspiracy to possess with intent to distribute offense to which Malta pled guilty is life imprisonment regardless of the kind of methamphetamine involved in the offense, Malta’s offense level under § 4B1.1 is automatically 37. See 21 U.S.C. § 841 (b)(l)(A)(vii); U.S. Sentencing…