UNITED STATES v. ROOKS 7 Conviction and the Federal Conspiracy Conviction should be counted separately for career offender purposes.8 The district court rejected Rooksâs contention that he was not a career offender. Utilizing the 2007 edition of Guidelines section 4A1.2, the court explained that prior sentences are counted separately for career offender purposes if they resulted from offenses contained in separate charging instruments and were imposed on different days, even if the sentences were not separated by an intervening arrest. Although the court acknowledged that "there may certainly have been [an intervening arrest] in this particular case," J.A. 538, it did not resolve the intervening arrest issue. Instead, the court found that the sentences resulting from the State Conviction and the Federal Conspiracy Conviction were imposed on different days and that the offenses giving rise to those convictions were contained in separate charging instruments. As a result, the court deemed Rooks to be a career offender and sentenced him to 360 months in prison, followed by eight years of supervised release. Rooks filed a timely notice of appeal, and we possess jurisdiction pursuant to 18 U.S.C. Â§ 3742(a) and 28 U.S.C. Â§ 1291. II. In assessing a district courtâs decision on a motion to sup8 The 2007 edition of Guidelines section 4A1.2, entitled "Definitions and Instructions for Computing Criminal History," provides in subparagraph (a)(2) as follows: Prior sentences always are counted separately if the sentences were imposed for offenses that were separated by an intervening arrest (i.e., the defendant is arrested for the first offense prior to committing the second offense). If there is no intervening arrest, prior sentences are counted separately unless (A) the sentences resulted from offenses contained in the same charging instrument; or (B) the sentences were imposed on the same day. USSG Â§ 4A1.2(a)(2).