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United States of America v. Wayman Simms

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Submitted: June 15, 2012

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.

Wayman Simms pleaded guilty to conspiracy to distribute and possession with intent to distribute more than one kilogram of heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. The Presentence Investigation Report recommended assessing seven criminal history points for three prior state court convictions, which placed Simms in criminal history category IV under the advisory sentencing guidelines. The district court overruled Simms’s timely objection, resulting in an advisory guidelines *fn1 sentencing range of 84-105 months in prison, and sentenced Simms to 84 months in prison. He appeals that sentence, arguing the district court committed procedural sentencing errors in assessing the criminal history points and in refusing to grant his request for a downward sentencing departure. We affirm.

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