Carter

MEMORANDUM **

Enrique Carter appeals from the 60-month sentence imposed after he pleaded guilty to conspiracy with intent to distribute marijuana and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 (a)(1) & (b)(l)(B)(vü), and 846. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s determination that a particular pri- or conviction may be used in calculating a defendant’s criminal history score, United States v. Hernandez-Hernandez, 431 F.3d 1212, 1220 (9th Cir.2005), and we affirm.

Carter contends that the district court erred by counting his misdemeanor conviction for operating a motor vehicle while consuming alcohol when computing his criminal history category. We disagree. There is no merit to Carter’s contention that at the time Carter received his misdemeanor conviction, or at any time later, the Arizona legislature considered drinking while driving to be sufficiently similar to drinking in public. See Ariz.Rev.Stat. §§ 4-244, 4-251. Thus, the district court properly counted this conviction.

Carter also contends that the district court erred by adding a criminal history point to his criminal history category…