United States Court of Appeals
                     For the First Circuit


No. 18-1795

                    UNITED STATES OF AMERICA,

                            Appellee,

                               v.

                       DERRICK A. COFFIN,

                      Defendant, Appellant.


          APPEAL FROM THE UNITED STATES DISTRICT COURT
                    FOR THE DISTRICT OF MAINE

        [Hon. John A. Woodcock, Jr., U.S. District Judge]


                             Before

                 Torruella, Lynch, and Kayatta,
                         Circuit Judges.


     Hunter J. Tzovarras for appellant.
     Benjamin M. Block, Assistant United States Attorney, with
whom Halsey B. Frank, United States Attorney, was on brief, for
appellee.


                        December 20, 2019
            LYNCH, Circuit Judge.         Derrick Coffin pled guilty to one

count of possession of child pornography and one count of accessing

child pornography with intent to view, both in violation of 18

U.S.C. § 2252A(a)(5)(B) and (b)(2).              The district court sentenced

Coffin    to    the    statutory       maximum    sentence     of    240   months'

imprisonment on each count, to be served concurrently.

            On appeal, Coffin challenges his sentence on procedural

and substantive grounds, focusing on the enhancements given for a

pattern of activity involving the sexual abuse of minors and for

obstruction     of    justice,   and     the    denial   of   an    acceptance   of

responsibility reduction.          We find no error.

            He also argues his Criminal History Category (CHC) was

miscalculated.        We do not resolve that argument and request that

the Sentencing Commission address the lack of clarity as to how

criminal history points should be allocated when multiple prior

sentences imposed on the same day are for the same length of time,

and only one of those sentences constitutes a "crime of violence."

We   do   not   resolve   the    CHC    issue    because   the     district   court

explained why even if it had erred as to the CHC calculation, it

would upwardly depart to impose the same category.                  And an upward

departure was plainly reasonable.

                                         I.

            As this sentencing appeal follows Coffin's guilty plea,

"we draw the facts from the plea agreement, the presentence


                                        - 2 -
investigation      report      (PSR),   and     the   sentencing       hearing

transcript."      United States v. Montalvo-Febus, 

, 32

(1st Cir. 2019).

A.   Facts

             In March 2016, Coffin was on probation from a Maine

sexual assault conviction in 2006.          Coffin's probation conditions

for his 2006 conviction for gross sexual assault made his person,

residence, vehicles, and electronic equipment subject to random

searches and prohibited him from possessing child pornography

images.   On March 18, 2016, law enforcement officers conducted a

search of Coffin's residence after he appeared to be violating

probation conditions.       He had been observed watching a video on

his cell phone that appeared to depict the sexual abuse of an

infant.   Law enforcement officers seized a laptop computer, a cell

phone, and a digital memory card from his home.

             A   preliminary    forensic      examination   of   the    laptop

revealed 556 child pornography image files, created on or about

March 17, 2016, depicting the sexual abuse of prepubescent children

by adult males.       These images were stored under the computer's

"derrick" user account.          A secondary review revealed 759 more

images of child pornography in the laptop's unallocated space.

             On the cell phone, officers discovered a message sent by

Coffin on January 11, 2016, using an application called "Kik

Messenger" (the "Kik message").             Coffin does not cont