From the now vacated 10th Circuit opinion:
Defendant-Appellee Guadalupe Garcia-Lara pleaded guilty to one count of possession with intent to distribute 500 grams or more of methamphetamine in violation of 21 U.S.C. § 841(a)(1). Because Mr. Garcia-Lara had two prior convictions for controlled substance offenses, the "career offender" enhancement applied to his advisory sentence under the U.S. Sentencing Guidelines ("U.S.S.G." or "Guidelines"). See U.S.S.G. § 4B1.1. Believing the career offender enhancement overstated Mr. Garcia-Lara's criminal history, the District Court sentenced him to a below-Guidelines sentence of 140 months' imprisonment. The Government appeals that sentence as substantively unreasonable. Exercising jurisdiction pursuant to 18 U.S.C. § 3731, we vacate Mr. Garcia-Lara's sentence and remand for resentencing.
...The U.S. Probation Office prepared a Presentence Investigation Report ("PSR") in anticipation of Mr. Garcia-Lara's sentencing. The PSR reported a criminal history category of V and an initial base offense level of 32. Because two of Mr. Garcia-Lara's prior convictions were for controlled substance offenses as defined in U.S.S.G. § 4B1.2(b), the PSR applied the "career offender" provision of the Guidelines, U.S.S.G. § 4B1.1(b)(A), raising his criminal history category to VI and his base offense level to 37. After applying a three-level reduction to the offense level for acceptance of responsibility, the PSR concluded Mr. Garcia-Lara had a total offense level of 34 and a criminal history category of VI, resulting in an advisory Guidelines sentence of 262 to 327 months' imprisonment.
Applying 18 U.S.C. § 3553(a), the District Court concluded that a sentence of 262 months, at the bottom of the advisory Guidelines range, over-represented Mr. Garcia-Lara's criminal history, resulting in a sentence greater than necessary to accomplish the goals of § 3553(a). Accordingly, the court sentenced Mr. Garcia-Lara as if the career offender enhancement did not apply. Noting that the advisory Guidelines sentence for a non-career offender would be 140 to 175 months' imprisonment, the District Court sentenced Mr. Garcia-Lara to 140 months.