United States v. Phillip Martinez

GRIFFIN, Circuit Judge.

Defendant Phillip Martinez pled guilty, pursuant to a Rule 11 plea agreement, to one count of conspiracy to possess with intent to distribute at least 400 kilograms but less than 700 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court sentenced him to the mandatory minimum term of sixty months of imprisonment and four years of supervised release.

Martinez now appeals his sentence, arguing that the district court miscalculated his criminal history score as category II, rather than category I, when it improperly counted a stale 1996…