United States v. Lee

MEMORANDUM *

Denise Lokelani Lee (“Lee”) appeals her sentence after a guilty plea to one count of conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §§ 846 and 841(a)(1); one count of distribution of a controlled substance and aiding and abetting, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(vni), and 18 U.S.C. § 2 ; and one count of possession with intent to distribute a controlled substance, and attempt, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(vni).

The appeal challenges: 1) the district court’s computation of her criminal history points based on the assumption that those *83 two sets of arrests were separated by an “intervening arrest,” as defined by the 2007 Sentencing Guidelines, and therefore warranted the imposition of two distinct criminal history points, and 2) the district court’s imposition of one criminal history point from Lee’s June 7, 2000 shoplifting conviction. We have jurisdiction under 28 U.S.C. § 1291 . We vacate and remand for resentencing.

STANDARD OF REVIEW

Because Lee raises these issues for the first time on appeal, we review for plain error. See United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en…