United States v. Ballestero

203 F. App'x 512

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 18, 2006
• Docket: 06-4319
• Status: Unpublished

Opinion

PER CURIAM:

Robert Ballestero pled guilty to distributing crack cocaine (Count Three) and being a felon in possession of a firearm (Count Four) and was sentenced to eighty-seven months of imprisonment. On appeal, he argues that the district court improperly gave him six criminal history points for two Michigan convictions: (1) breaking without entering, and (2) receiving and concealing stolen property, which occurred more than fifteen years prior to the commencement of his instant offenses in violation of U.S. Sentencing Guidelines Manual § 4A1.2(e) (2005). For the reasons that follow, we affirm.

We review a district court’s factual findings concerning sentencing factors for clear error and its legal determinations de novo. United States v. France, 164 F.3d 203, 209 (4th Cir.1998). We find no error in the district court’s conclusion that Bal-lestero was serving sentences of imprisonment for these two state offenses during the relevant fifteen-year period as discussed in USSG § 4A1.2, comment, (n.2). Accordingly, we affirm.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.