United States v. Stephen Plunkett

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 30, 2019
• Docket: 17-11502
• Status: Unpublished

Opinion

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.