United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-2223 ___________________________

United States of America

Plaintiff Appellee

v.

Christopher McCarty

Defendant Appellant ____________

Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________

Submitted: April 13, 2020 Filed: May 21, 2020 [Unpublished] ____________

Before KELLY, WOLLMAN, and STRAS, Circuit Judges. ____________

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. 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. ______________________________

1 The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.

-2-