In fact, 587.01 grams of methamphetamine produce a base offense level of 28 under section 2D1.1. The govern- ment has waived its opportunity to challenge this error, which it did not raise either below or on appeal. If that were true, Harris would have received six rather than five criminal history points under sections 4A1.1 and 4A1.2. Because the government has not objected to the PSR characterization, we will not question its accuracy. In any event, the difference is not significant because Harris would belong in criminal history category III whether he received five or six points.
Prior sentences imposed in related cases are to be treated as one sentence for purposes of sec.
Use the longest sentence of imprisonment if concurrent sentences were imposed and the aggregate sentence of im- prisonment imposed in the case of consecutive sentences. In any event, the offense level would not change if Harris' amount were reduced from 587 to 445. We have held, for example, that a refusal to depart can be appealed if it is based on the district court's er- roneous legal conclusion that it lacks authority to do so. The outcome would not change if we were to consider Harris' claim on its merits. 18 U.S.C. sec.