USA v. Shaun Skinner


UNPUBLISHED OPINION FILED.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]

Download PDF
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?