United States v. Williard Gene Thomas

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 96-3012EA

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United States of America, *

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Appellee, * Appeal from the United States * District Court for the Eastern v. * District of Arkansas.

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Willard Gene Thomas, * [UNPUBLISHED]

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Appellant. *

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Submitted: April 16, 1997

Filed: April 24, 1997

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Before FAGG, FLOYD R. GIBSON, and MURPHY, Circuit Judges.

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PER CURIAM.

After pleading guilty to one count of being a felon in possession of a firearm, two counts of carjacking, and two counts of using a firearm during a felony offense, Willard Gene Thomas appeals his guidelines sentence. Thomas’s contention that the district court improperly crossreferenced the felon in possession of a firearm conviction to the guideline provision that covered criminal sexual abuse based on Thomas’s uncharged rape of a carjacking victim is foreclosed by this court’s contrary holdings. See United States v. Miner, No. 96-1300, 1997 WL 120211, at *2 (8th Cir. Mar. 19, 1997); United States v. Smith, 997 F.2d 396, 397 (8th Cir. 1993) (per curiam). We thus affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.