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112 F.3d 514

Docket No. 96-3012EA

United States v. Thomas

Eighth Circuit Court of Appeals

Submitted April 16, 1997. Filed April 24, 1997.

Eighth Circuit Court of Appeals · decided 1997-04-16

Relies on Tivis v. Schriro · United States v. Smith

Opinion by Per Curiam · Decided 1997-04-16

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well.

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

PER CURIAM.

¶1

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 cross-referenced 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.

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