United States v. Buker, No. 09-1499-cr (2d Cir. Dec. 11, 2009) (found here)
The defendant contentded on appeal that the district court improperly calculated his criminal history based in part on certain Canadian convictions. The district court, however, had not relied on his Canadian convictions in calculating his criminal history. Rather, it did (and was permitted) to consider those convictions when considering the defendant's "history and characteristics." Sometimes 18 U.S.C. 3553(a) can cut both ways.