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United States v. Mark Anthony Wright , 32 F. App'x 782 ( 2002 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 01-3400
    ___________
    United States of America,               *
    *
    Appellee,                  * Appeal from the United States
    * District Court for the
    v.                                * Western District of Arkansas.
    *
    Mark Anthony Wright,                    *      [UNPUBLISHED]
    *
    Appellant.                 *
    ___________
    Submitted: February 6, 2002
    Filed: February 6, 2002
    ___________
    Before LOKEN, FAGG, and BEAM, Circuit Judges.
    ___________
    PER CURIAM.
    Mark Anthony Wright pleaded guilty to an indictment charging him with
    taking an automobile from Vickie Richardson by force, violence, and intimidation,
    with intent to cause serious bodily harm, in violation of 
    18 U.S.C. § 2119
    (2). He was
    sentenced to 293 months in prison and five years supervised release, based in part on
    a disputed four-level enhancement for serious bodily injury to Richardson. We
    reversed and remanded because the district court resolved a disputed factual issue --
    whether Richardson had sustained serious bodily injury -- without supporting
    evidence. We also noted that the indictment failed to state the serious-bodily-injury
    element of the offense, and directed that Wright be resentenced to the fifteen-year
    maximum sentence prescribed in 
    18 U.S.C. § 2119
    (1) unless the government
    produced overwhelming evidence that Richardson had suffered serious bodily injury.
    See United States v. Wright, 
    248 F.3d 765
    , 766-67 (8th Cir. 2001) (per curiam).
    On remand, Richardson testified at length that Wright had abducted her in a car
    she was driving and then raped, threatened, and tormented her for two hours in an
    abandoned trailer. The district court1 concluded that this evidence sufficiently
    established the serious-bodily-injury element, and also found the evidence sufficiently
    overwhelming to make the indictment defect harmless error. The court sentenced
    Wright to 293 months in prison and five years supervised release. Wright again
    appeals, challenges the district court’s finding of overwhelming evidence. After
    careful review of the record, we conclude the district court did not err in finding that
    there was overwhelming evidence of serious bodily injury. See 
    18 U.S.C. §§ 2119
    (2),
    2241-2242; U.S.S.G. § 1B1.1, comment (n.(j)); United States v. Anderson, 
    236 F.3d 427
    , 429-30 (8th Cir.) (per curiam), cert. denied, 
    122 S. Ct. 356
     (2001).
    Accordingly, we affirm Wright’s sentence.
    A true copy.
    Attest:
    CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
    1
    The HONORABLE HARRY F. BARNES, United States District Judge for the
    Western District of Arkansas.
    -2-
    

Document Info

Docket Number: 01-3400

Citation Numbers: 32 F. App'x 782

Judges: Loken, Fagg, Beam

Filed Date: 2/6/2002

Precedential Status: Non-Precedential

Modified Date: 11/5/2024