UNITED STATES of America, Plaintiff-Appellee, v. Carlos MARTINEZ, Defendant-Appellant

OPINION

T.G. NELSON, Circuit Judge:

OVERVIEW

Carlos Martinez pled guilty to conspiracy to possess with intent to distribute cocaine base. At the sentencing hearing, the district court found Martinez’s criminal history category to be II, based on his prior conviction for vandalism and his commission of the instant offense while on probation. The district court sentenced Martinez to 120 months in custody, which it found to be the mandatory minimum sentence under the United States Sentencing Guidelines.

Martinez appeals the sentence imposed by the district court, claiming that vandalism is a petty…