United States of America v. Christopher McCarty

United States Court of Appeals
For the Eighth Circuit
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No. 19-2223
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United States of America
Plaintiff Appellee
v.
Christopher McCarty
Defendant Appellant
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: April 13, 2020
Filed: May 21, 2020
[Unpublished]
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Before KELLY, WOLLMAN, and STRAS, Circuit Judges.
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PER CURIAM.
Christopher McCarty pleaded guilty to possession with intent to distribute
more than 50 grams of actual methamphetamine, in violation of 21 U.S.C.
§§ 841(a)(1) and (b)(1)(A)(viii), and was sentenced to 168 months’ imprisonment.

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McCarty argues that the district court1 engaged in impermissible double
counting when it increased his offense level for obstructing justice under U.S.
Sentencing Guidelines (Guidelines) § 3C1.1 and considered the same obstructive
conduct when weighing the sentencing factors under 18 U.S.C. § 3553(a). The
district court did not apply the obstruction-of-justice enhancement in calculating
McCarty’s offense level, however. It instead determined McCarty’s offense level
under the career offender provision set forth in Guidelines § 4B1.1(b), rendering
meritless his double-counting argument.
We grant McCarty’s motion for permission to file a supplemental pro se brief,
but find his argument unavailing. The judgment is affirmed.
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1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
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