U.S. v. Mansfield

Dist. Ct. did not err in sentencing defendant to 188-month term of incarceration on charge of possession with intent to distribute methamphetamine. While defendant argued that Dist. Ct. erred in considering his arrest history that included 26 arrests on other charges, defendant waived said argument on appeal, where he failed to raise said argument in Dist. Ct., and defendant’s trial counsel did not object to Dist. Ct.’s consideration of presentence report that included said arrest history and raised other objections during sentencing proceeding. Ct. of Appeals alternatively found that Dist Ct. did not err in considering defendant’s arrest history, where: (1) U.S. Sentencing Guidelines allow for consideration of defendant’s arrest history as part of consideration of defendant’s background if such information is reliable; and (2) defendant’s prior arrest history was reliable, where defendant’s prior arrests, which related to narcotics, firearms, battery and intimidation, were similar to instant charged offense.