United States v. Alvaro Gallego

SELYA, Circuit Judge.

This is a single issue sentencing appeal. Defendant-appellant Alvaro Gallego objects to the district court’s fixing of a criminal history category (CHC) and the consequent effect of that choice on the applicable guideline sentencing range.

The facts are these. Shortly before the subject offense was committed, defendant pled guilty in state court to a charge of operating a motor vehicle while under the influence of alcohol, Mass.Gen.L. ch. 90, § 24 (1969 & Supp.1989). He was fined $300 (the DUI fine), payable on or before June 16, 1989. At the time of the subject offense…