Defendant appealed the within-Guidelines sentence imposed following his guilty plea to being a felon in possession of a firearm. Defendant argued that the district court erred in counting suspended state sentences in calculating his criminal history and failed to provide an adequate explanation for the sentence.
Where the government presented documentation to establish the date that defendant was placed on probation for his state law criminal offenses, the district court did not err in including them in the criminal history calculation, and defendant’s remaining arguments were barred by the appeal waiver in his plea agreement.
Judgment is affirmed.
U.S. v. Slaughter (MLW No. 79616/Case No. 22-2142 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Clark, J.