United States v. Kelly Flannery , 103 F. App'x 919 ( 2004 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 03-3454
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                 * District Court for the
    * Eastern District of Arkansas.
    Kelly Flannery,                          *
    * [UNPUBLISHED]
    Appellant.                  *
    ___________
    Submitted: July 2, 2004
    Filed: July 27, 2004
    ___________
    Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.
    ___________
    PER CURIAM.
    Kelly Flannery appeals the sentence the district court1 imposed after he pleaded
    guilty to aiding and abetting others in willfully making a threat and maliciously
    conveying false information, over the telephone, about alleged attempts to blow up
    a courthouse, in violation of 18 U.S.C. §§ 844(e) and 2. At sentencing, the district
    court determined that Flannery was a career offender, see U.S.S.G. § 4B1.1, and
    sentenced him to 120 months imprisonment and 3 years supervised release. We
    affirm.
    1
    The Honorable G. Thomas Eisele, United States District Judge for the Eastern
    District of Arkansas.
    Flannery argues for the first time that he was improperly classified as a career
    offender because the instant offense did not qualify as a “crime of violence.” We find
    that the court did not plainly err in classifying the instant offense--aiding and abetting
    others in threatening to blow up the courthouse--as a crime of violence. See U.S.S.G.
    § 4B1.2(a) (defining crime of violence); United States v. Santos, 
    131 F.3d 16
    , 21 (1st
    Cir. 1997); cf. United States v. Left Hand Bull, 
    901 F.2d 647
    , 649 (8th Cir. 1990)
    (where defendant mailed threatening letter, he committed crime of violence under
    career-offender provisions, even if he lacked ability to act contemporaneously upon
    his threat). Flannery also argues he should have received an acceptance-of-
    responsibility reduction. We reject this contention, because in light of the evidence
    presented at sentencing, the court did not clearly err in finding that Flannery
    minimized his role in the offense to the probation officer who interviewed him. See
    United States v. Alaniz, 
    148 F.3d 929
    , 937 (8th Cir. 1998) (denying acceptance-of-
    responsibility reduction because entry of guilty plea alone did not entitle defendant
    to reduction, and he continued to deny his involvement in offense after there was
    substantial evidence of his participation).
    We do not reach Flannery’s remaining arguments regarding his criminal history
    points and an aggravating-role enhancement, because these issues are moot in light
    of Flannery’s career-offender status. See U.S.S.G. § 4B1.1(b). Accordingly, we
    affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 03-3454

Citation Numbers: 103 F. App'x 919

Judges: Melloy, Hansen, Colloton

Filed Date: 7/27/2004

Precedential Status: Non-Precedential

Modified Date: 11/5/2024