SAM CROW, Senior District Judge
To a two-count indictment charging firearm offenses, the defendant pleaded guilty to count two which charged him with possession of a firearm following a conviction for a misdemeanor crime of domestic violence in violation of 18 U.S.C. § 922(g)(9). The Presentence Report ("PSR") recommends a base offense level of twenty and a three-level reduction for acceptance of responsibility. With a total offense level of seventeen and a criminal history category of six, the
PSR determines the applicable sentencing guideline range to be fifty-one to sixty-three months.
As set forth in the addendum to the PSR, the defendant advances eight objections on which he seeks a ruling. Seven of the objections take issue with certain alleged statements of fact, the conclusions and implications to be drawn from them, and the lack of any sentencing relevance to them. A ruling on these seven objections would not affect the defendant's sentence. The defendant's other objection is with the two criminal history points scored as a result of the convictions described in paragraphs forty-five and forty-six of the PSR. Because the defendant's total of criminal history points is eighteen, the removal of these two criminal history points would not lower the defendant's criminal history category below six as his point total would remain more than twelve.
IT IS THEREFORE ORDERED that pursuant to Fed.R.Crim.P. 32(i)(3)(B) no ruling is necessary as to any of the defendant's eight objections, because the matters challenged there will not affect the defendant's sentencing and will not be considered by the court in sentencing.