United States v. Ernest Wilcox

146 F. App'x 860

• Court: Court of Appeals for the Eighth Circuit
• Decided: October 27, 2005
• Docket: 04-3275
• Status: Unpublished

Opinion

PER CURIAM.

Ernest Alphonzo Wilcox appeals the sentence the district court 1 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.

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.

1 . The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa.