U.S. v. Barnes

Defendant waived sole issue on appeal as to whether Dist. Ct. erred in calculating defendant’s applicable sentencing guideline range by counting local ordinance violation for drug consumption in public park in defendant’s criminal history score. Record showed that defendant raised different argument in Dist. Ct. with respect to calculation of his criminal history score, and defendant waived, as opposed to forfeited, instant issue on appeal, where defendant informed Dist. Ct. on multiple occasions that it should include instant local ordinance violation when calculating his criminal history score. Moreover, defendant’s failure to challenge inclusion of ordinance violation in Dist. Ct. was matter of trial strategy.