366 F. App'x 693

UNITED STATES of America, Appellee, v. Ineye Dakoureye BOBMANUEL, Appellant.

No. 09-1873.

United States Court of Appeals, Eighth Circuit.

Submitted: Feb. 11, 2010.

Filed: March 8, 2010.

*694David P. Steinkamp, Assistant U.S. Attorney, U.S. Attorney’s Office, Minneapolis, MN, for Appellee.

Ineye Dakoureye Bobmanuel, Beaver, WV, pro se.

Michael H. McGlennen, Minneapolis, MN, for Appellant.

Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

PER CURIAM.

In November 2008, Ineye Bobmanuel pled guilty to possessing with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(iii). At sentencing, the district court1 found that Bobmanuel has two prior felony convictions for crimes of violence (burglary and attempted burglary), which makes him a career offender under the sentencing guidelines. See U.S.S.G. §§ 4Bl.l(a), 4B1.2(a)(2), (c). Accordingly, the court calculated Bobmanuel’s offense level using the career offender guideline, U.S.S.G. § 4Bl.l(b). The court went on to find that Bobmanuel possessed a gun, but noted that the firearm enhancement under U.S.S.G. § 2Dl.l(b)(l) was “mooted” by the career offender finding. The court correctly determined that Bobmanuel’s advisory guidelines range was 262 to 327 months. The court departed from the guidelines range based on the substantial assistance Bobmanuel provided to the Government, see U.S.S.G. § 5Kl.l(a), and sentenced Bobmanuel to 120 months’ imprisonment, the statutory minimum, see 21 U.S.C. § 841(b)(1)(A).

On appeal, Bobmanuel initially argued that he is not a career offender because his prior convictions are for burglary of a commercial building, as opposed to burglary of a dwelling, and after Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), burglary of a commercial building is not a crime of violence.2 This argument is foreclosed by our decision in United States v. Stymiest, 581 F.3d 759 (8th Cir.2009). There, we held that Begay did not undermine our previous decisions holding that generic burglary — including burglary of a commercial building — is a crime of violence. Id. at 768-69. To his credit, defense counsel sent a letter to the court before this case was submitted, acknowledging that Stymiest disposes of the career offender issue.

Bobmanuel apparently continues to challenge the district court’s finding that he possessed a gun. But as the district court noted, the firearm enhancement turned out to be irrelevant, since applying the career *695offender guideline resulted in a higher total offense level. See United States v. LeGrand, 468 F.Sd 1077, 1082 (8th Cir. 2006). Because we conclude that the district court properly found that Bobmanuel is a career offender, the firearm issue is moot.

For the foregoing reasons, we affirm Bobmanuel’s sentence.

United States v. Bobmanuel
366 F. App'x 693

Case Details

Name
United States v. Bobmanuel
Decision Date
Mar 8, 2010
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366 F. App'x 693

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United States

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