United States v. Barrera

SMITH, Circuit Judge.

Martin Sanchez Barrera pleaded guilty to one count of possession with intent to distribute approximately 91 grams of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). The district court 1 sentenced Barrera to 120 months’ imprisonment followed by a five-year term of supervised release. On appeal, Barrera argues that the district court erred (1) in finding that he was on probation at the time of the offense and assessing him two criminal history points under U.S.S.G. § 4Al.l(d) for committing the instant offense while on probation and (2) in failing to use…