Thompson

MEMORANDUM **

Keith Wayne Thompson appeals the district court’s sentence for his guilty plea to fraudulent use of access devices in violation of 18 U.S.C. § 1029 (a)(5). We affirm. Because the parties are familiar with the factual and procedural history of this ease, we need not recount it here.

1. Thompson argues that the district court vindictively refused to follow its prior one-point reduction of his criminal history points. Because the district court imposed an identical 74-month sentence on remand, a presumption of vindictiveness does not arise under North Carolina v. Pearce, 395 U.S. 711, 726 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). See United States v. Todd, 964 F.2d 925, 932 (9th Cir.1992) (per curiam). As Thompson does not otherwise provide evidence of actual vindictiveness, there is no basis on which to conclude that the district court acted improperly in finding Thompson fell in Criminal History Category YI.

2. On remand from this Court, the district court followed proper procedure in determining Thompson’s sentence. The court calculated the applicable Guidelines range, then considered the factors in 18 U.S.C. § 3553 (a) in determining an appropriate sentence and…