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United States v. Ernest Wilcox, 04-3275 (2005)

Court: Court of Appeals for the Eighth Circuit Number: 04-3275 Visitors: 17
Filed: Oct. 27, 2005
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 04-3275 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Ernest Alphonzo Wilcox, * * [UNPUBLISHED] Appellant. * _ Submitted: October 6, 2005 Filed: October 27, 2005 _ Before ARNOLD, FAGG, and SMITH, Circuit Judges. _ PER CURIAM. Ernest Alphonzo Wilcox appeals the sentence the district court1 imposed following his guilty plea to bank robbery, in violation
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 04-3275
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Southern District of Iowa.
Ernest Alphonzo Wilcox,                  *
                                         * [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                              Submitted: October 6, 2005
                                 Filed: October 27, 2005
                                  ___________

Before ARNOLD, FAGG, and SMITH, Circuit Judges.
                           ___________

PER CURIAM.

       Ernest Alphonzo Wilcox appeals the sentence the district court1 imposed
following his guilty plea to bank robbery, in violation of 18 U.S.C. § 2113(a). On
appeal, Wilcox argues that the district court erred in not granting him a downward
departure under U.S.S.G. § 5K2.12 (coercion and duress), and in not treating two
March 8, 1988 state second-degree theft convictions, for which Wilcox received
concurrent 5-year prison terms, as a single prior conviction for purposes of calculating
his criminal history score.

      1
        The Honorable Harold D. Vietor, United States District Judge for the Southern
District of Iowa.
      We conclude that the district court’s discretionary decision to deny Wilcox’s
downward-departure request is unreviewable, see United States v. Mohr, 
407 F.3d 898
, 902 (8th Cir. 2005), and that the district court did not err in concluding that
Wilcox’s two theft convictions were not related, see U.S.S.G. § 4A1.2(a)(2),
comment. (n.3); United States v. Newsome, 
409 F.3d 996
, 998-99 (8th Cir. 2005)
(standard of review), petition for cert. filed, (U.S. Sept. 6, 2005) (No. 05-6240).

      Accordingly, we affirm.
                     ______________________________




                                        -2-

Source:  CourtListener

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