Curtis

MEMORANDUM *

Federal prisoner Loplean Carrell Curtis appeals his sentence after pleading guilty to being a felon in possession in violation of 18 U.S.C. § 922 (g)(1). At sentencing, the district court added three criminal history points after determining that (1) Curtis’ prior conviction resulted in a sentence in excess of thirteen months and (2) the resulting incarceration extended to within fifteen years of Curtis’ arrest. As a result, the district court sentenced Curtis to thirty months in prison.

On appeal, Curtis argues that his “Johnson waiver” in California state court prevented the district court from concluding *976 that his prior sentence exceeded thirteen months. This argument is meritless.

U.S.S.G. § 4Al.l(a) requires a district court to assess three criminal history points where the defendant received a prior “sentence of imprisonment” exceeding thirteen months. The district court correctly added together the 365 days Curtis spent in jail as his condition of probation and the 170 days he spent in jail as a result of his probation violation to conclude that Curtis was sentenced to more than thirteen months for his prior cocaine offense. See U.S.S.G. § 4A1.2(k)(l);…