Bromlie
United States v. Bromlie
Opinion
Lead Opinion
MEMORANDUM **
Appellant Daniel Lee Bromlie (“appellant”) challenges his 96-month sentence for Unlawful User of a Controlled Substance in Possession of a Firearm in violation of 18 U.S.C. § 922 (g)(3).
Appellant’s arguments to the contrary notwithstanding, the district court correct *17 ly calculated his criminal history category. The district court properly assigned points for appellant’s DUI sentence. See U.S.S.G. § 4A1.2, Application Note 5. Moreover, the district court did not err in assigning three points to a sentence imposed in CDC-03-030 and three points to a sentence imposed in CDC-04-072, as the sentences were not imposed in “related cases,” and the Guidelines specifically allow a sentence for a new conviction to be counted separately from a sentence imposed upon revocation resulting from the conduct underlying the new conviction. See U.S.S.G. § 4A1.2, Application Note 11. Furthermore, in light of the advisory Guidelines and appellant’s extensive and long-term criminal history, the criminal history category the district court used was reasonable.
The district court also properly performed its duties post -Booker. 1 It is clear that the district recognized that the…