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UNITED STATES v. PLUNKETT (2019)

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United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee v. Stephen Christopher PLUNKETT, Defendant-Appellant

No. 17-11502

Decided: January 30, 2019

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judge. Lisa J. Dunn, Assistant U.S. Attorney, James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee Shannon Charles Hooks, Austin, TX, for Defendant-Appellant

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 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.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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