John D. Johnson v. State of IA

1The Honorable Thomas M. Shanahan, United States District Judge for the
District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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Nos. 00-1839/1888
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United States of America, *
*
Appellee, *
* Appeals from the United States
v. * District Court for the District
* of Nebraska.
Harry D. Mosley, Jr., *
* [UNPUBLISHED]
Appellant. *
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Submitted: August 3, 2000
Filed: August 10, 2000
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Before McMILLIAN, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit
Judges.
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PER CURIAM.
Harry D. Mosley, Jr., pleaded guilty of three bank robberies, in violation of 18
U.S.C. § 2113(a) and (d), and was sentenced to 192 months imprisonment and three
years supervised release. He appeals, arguing that the district court1 erroneously
applied a three-level enhancement for displaying a toy gun during the offenses.

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-2-
We decline to consider the issue because the challenged enhancement ultimately
did not affect Mr. Mosley’s sentence: with or without the enhancement, his offense
level was fixed at a higher level, thirty-four, because he was a career offender. See
United States v. Darden, 70 F.3d 1507, 1548 n.17 (8th Cir. 1995) (declining to review
argument which would not affect sentence), cert. denied, 517 U.S. 1149 and 518 U.S.
1026 (1996); see also Williams v. United States, 503 U.S. 193, 203 (1992) (error that
does not affect court’s selection of sentence imposed is harmless).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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