The following excerpt is from U.S. v. Ysassi, 95 F.3d 1160 (9th Cir. 1996):
Ysassi contends the district court erred by including his prior misdemeanor conviction for driving under the influence (DUI) in his criminal history calculation for the purposes of sentencing. We review de novo the district court's determination that a prior conviction falls within the scope of the sentencing guidelines. United States v. Martinez, 69 F.3d 999, 1000 (9th Cir.1995), cert. denied, 116 S.Ct. 1446 (1996).
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