U.S. v. Chatman

Dist. Ct. did not err in sentencing defendant to 160-month term of incarceration on heroin distribution charge, where said sentence was based on determination that defendant had acquired 27 criminal history points, and where prosecutor claimed that defendant's criminal history contained “several” possession of controlled substance and DUI convictions. While defendant argued that he was entitled to new sentencing hearing, because prosecutor misstated extent of his criminal history since he had only two convictions each for DUI and possession of controlled substance, defendant was not entitled to new sentencing hearing, since defendant’s criminal history supported instant Category VI sentencing classification, and defendant failed to show that Dist. Ct. actually relied on govt.’s characterization of defendant’s drug possession and DUI convictions when imposing instant sentence.