context: No matter what level of review we accord this claim, however, it fails. Battle scored eleven criminal history points, and the subtraction of the one point would not have altered his criminal history category, which applies to defendants with ten to twelve criminal history points. Accordingly, Battle's Guidelines range would be unchanged, and any potential error was harmless.
citation_a.signal: see
citation_a.identifier: 358 F.3d 138, 143
citation_a.parenthetical: rejecting defendant's claim that he was improperly scored an extra criminal history point because "any error in the district court's calculation ... was harmless"
citation_a.sentence: See United States v. Gerhard, 615 F.3d 7, 34 (1st Cir.2010) (bypassing merits of sentencing calculation claim because any error would not impact the Guidelines range); United States v. Caldwell, 358 F.3d 138, 143 (1st Cir.2004) (rejecting defendant’s claim that he was improperly scored an extra criminal history point because “any error in the district court’s calculation ... was harmless”); see also United States v. Matos, 611 F.3d 31, 40 (1st Cir.2010) (applying plain error review to claim that district court erred in calculating criminal history points because defendant argued to the district court only that the criminal history category generally overstated the seriousness of his past); United States v. Rivera, 448 F.3d 82, 86 n. 1 (1st Cir.2006) (applying plain error review to unpreserved calculation error claim and finding error harmless because any error would not affect the sentencing range).
citation_b.signal: see also
citation_b.identifier: 611 F.3d 31, 40
citation_b.parenthetical: applying plain error review to claim that district court erred in calculating criminal history points because defendant argued to the district court only that the criminal history category generally overstated the seriousness of his past
citation_b.sentence: See United States v. Gerhard, 615 F.3d 7, 34 (1st Cir.2010) (bypassing merits of sentencing calculation claim because any error would not impact the Guidelines range); United States v. Caldwell, 358 F.3d 138, 143 (1st Cir.2004) (rejecting defendant’s claim that he was improperly scored an extra criminal history point because “any error in the district court’s calculation ... was harmless”); see also United States v. Matos, 611 F.3d 31, 40 (1st Cir.2010) (applying plain error review to claim that district court erred in calculating criminal history points because defendant argued to the district court only that the criminal history category generally overstated the seriousness of his past); United States v. Rivera, 448 F.3d 82, 86 n. 1 (1st Cir.2006) (applying plain error review to unpreserved calculation error claim and finding error harmless because any error would not affect the sentencing range).