[UNPUBLISHED]

Jose Cervantes appeals the 120-month concurrent prison sentences the district court * imposed after Cervantes pleaded guilty to a drug-conspiracy charge and a charge for aiding and abetting drug possession with intent to distribute. Cervantes argues the court erroneously assessed a total of three criminal-history points, thus rendering him ineligible for safety-valve relief under U.S.S.G. § 5C1.2.

Having carefully reviewed the record, we conclude the district court’s calculation was correct. Contrary to Cervantes’s argument, the district court properly assessed two criminal-history points because it is undisputed a valid warrant for a probation violation existed at the time Cervantes committed the crimes in this ease. See U.S.S.G. § 4A1.2(m) (defendant who commits instant offense while, e.g., probation violation warrant is outstanding is deemed under a criminal justice sentence for purposes of U.S.S.G. § 4Al.l(d)). Accordingly, we affirm.