Gillette

MEMORANDUM *

Edwin Leonardo Gillette (“Gillette”) appeals the 121 month sentence imposed by the district court after Gillette pled guilty to importation of a controlled substance in violation of 21 U.S.C. §§ 952 and 960. In sentencing Gillette, the district court counted a similar offense committed in April 2001, seven months before the instant offense, as a “prior sentence,” thereby increasing Gillette’s base offense level and placing him in criminal history category III. This rendered Gillette ineligible for “safety valve” relief, resulting in a mandatory minimum sentence of ten years. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s interpretation of the Sentencing Guidelines de novo. See United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir.2003); United States v. Brickey, 289 F.3d 1144, 1153 (9th Cir.2002) (noting that court’s conclusion that prior conviction may be used for purposes of sentencing enhancement is reviewed de novo). We affirm.

Gillette argues that the district court erred by counting his April 2001 offense as *865 a “prior sentence” instead of as “relevant conduct” under Sentencing Guideline section 1B1.3. Under Chapter 4 of…