United States v. Eric Francis Kelly, AKA Frankie Theison

WILLIAM A. NORRIS, Circuit Judge:

Eric Kelly challenges his sentence under the Guidelines for counterfeiting steroids. He disputes the district court’s measurement of the extent of his fraud and its decision to enhance his sentence for “more than minimal planning” and, at the same time, for his leadership role in the offense. See U.S.S.G. §§ 2F1.1(b)(2) & 3Bl.l(a). Kelly also argues that the district court erred in counting a misdemeanor conviction obtained without assistance of counsel in its computation of his criminal history score. We affirm.

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While living in a half-way house in San Diego,…