USA v. Shaun Skinner

Filing

UNPUBLISHED OPINION FILED. [16-10231 Affirmed ] Judge: PEH , Judge: ECP , Judge: CH Mandate pull date is 05/16/2017 for Appellant Shaun Wesley Skinner [16-10231]

Case: 16-10231

Document: 00513967010

Page: 1

Date Filed: 04/25/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10231
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
April 25, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SHAUN WESLEY SKINNER,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-30-1
Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.
PER CURIAM: *

Shaun Wesley Skinner appeals the 151-month, within-guidelines prison
sentence he received after he pleaded guilty to bank robbery and attempted
bank robbery. He contends that he should not have been sentenced as a career
offender, maintaining that his two prior robbery convictions were related and
thus should not have counted separately for purposes of the career offender
Guideline. However, Skinner committed the second robbery after he was

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10231

Document: 00513967010

Page: 2

Date Filed: 04/25/2017

No. 16-10231
arrested for the first. Thus, he had two prior felony convictions for crimes of
violence whose sentences were counted separately under U.S.S.G. § 4A1.1(a),
(b), or (c). See U.S.S.G. §§ 4A1.2(a)(2), (k), 4B1.1(a), 4B1.2(c). That he was
sentenced for both robberies on the same day is irrelevant. See United States
v. Akins, 746 F.3d 590, 611 (5th Cir. 2014). Moreover, contrary to Skinner’s
assertion, § 4A1.1(e) has no bearing on the analysis because his robbery
sentences were not treated as a single sentence.
The district court did not err in sentencing Skinner as a career offender.
The judgment is AFFIRMED.

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