United States v. Stephen Plunkett

Case: 17-11502 Document: 00514815008 Page: 1 Date Filed: 01/30/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-11502 FILED
Summary Calendar January 30, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
STEPHEN CHRISTOPHER PLUNKETT,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 3:14-CR-239-1
Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judge.
PER CURIAM: *
Stephen Christopher Plunkett pleaded guilty to two counts of bank
robbery. He was sentenced within the guidelines range to 114 months of
imprisonment and three years of supervised release.
On appeal, he challenges the district court’s application of a six-level
enhancement to his guidelines range under U.S.S.G. § 2B3.1(b)(2), which
applies to robbery offenses where “a firearm was otherwise used.” We perceive
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-11502 Document: 00514815008 Page: 2 Date Filed: 01/30/2019
No. 17-11502
no clear error in the district court’s finding that Plunkett “otherwise used” a
firearm during the course of the March 25, 2014 robbery, which he admitted
committing. § 2B3.1(b)(2)(B); see United States v. Coleman, 609 F.3d 699, 708
(5th Cir. 2010); United States v. Jefferson, 258 F.3d 405, 413 (5th Cir. 2001).
The judgment is AFFIRMED.
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