U.S. v. Ramirez

Dist. Ct. did not commit plain error in sentencing defendant to 300-month term of incarceration on drug distribution charge based in part on finding that defendant was career offender, which in turn was based in part on defendant's two state-court domestic assault convictions that Dist. C. treated as crimes of violence. While instant state-court offense covered both intentional and reckless mental states, record was silent as to whether defendant had requisite mental state to qualify state-court convictions as crimes of violence. However, defendant's failure to object at sentencing hearing to classification of state-court convictions as crimes of violence meant that Dist. Ct. could rely on presentence report's classification of said convictions as crime of violence in absence of any evidence that sentencing error occurred.