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presented to the district court during sentencing. Accordingly, the government
argues, the district court did not plainly err in its calculation of the guidelines
range. We agree.
The record indicates that the district court properly calculated the
guidelines range. The district court, “after a review of the presentence report
and the advisory guidelines,” correctly applied the career offender enhancement
to the applicable offense level. See U.S.S.G. § 4B1.1. The only issue on appeal
is whether the district court improperly included the murder and witness
intimidation convictions in calculating the guideline range.
In this case, the district court correctly treated the burglary convictions as
separate prior felony convictions for purposes of § 4B1.1. See United States
v. Campbell, 71 F.3d 868, 872 (6th Cir. 1995) (holding that second or third
degree burglary are “violent felonies” for purposes of § 4B1.1). The remaining
offenses, aggravated assault, obstruction of justice, and witness intimidation,
were all consolidated for sentencing. The district court, in accordance with
the plea agreement, did not apply the obstruction of justice or witness
intimidation enhancement to these counts. See U.S.S.G. § 3C1.1.
As for the aggravated assault and witness intimidation offenses, they
were properly treated as relevant conduct for sentencing purposes. See U.S.S.G.
§ 1B1.3. A defendant’s “relevant conduct” includes “all reasonably
foreseeable acts and omissions of others in furtherance of jointly undertaken
criminal activity.” Id. Section 1B1.3(a)(1)(B) defines “jointly undertaken
criminal activity” as “a criminal plan, ac619d1d87
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