Where a defendant challenged the calculation of his criminal history category, arguing that under a recent amendment, the district court should have used a different category resulting in a lower advisory guidelines range, the amendment did not alter the court’s power to sentence a probation violator within the range of sentences available at the time of the initial sentence, so the court did not plainly err, and the defendant did not show that the court chose his sentence to ensure his participation in a drug-treatment program.
Judgment is affirmed.
U.S. v. Holdsworth (MLW No. 69487/Case No. 15-2382 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Southern District of Iowa, Rose, J. (James F. Whalen, Des Moines, Iowa, argued for appellant) (John E. Beamer, Des Moines, Iowa, argued for appellee).