DocketNumber： 04-3275
Citation Numbers： 146 F. App'x 860
Judges： Arnold, Fagg, Per Curiam, Smith
Filed Date： 10/27/2005
Status： Non-Precedential
Modified Date： 10/19/2024
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 Ernest Alphonzo Wilcox, * * [UNPUBLISHED] Appellant.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 of18 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-