Lawrence E. Lupien v. Harold W. Clarke

1The Honorable William R. Wilson, Jr., United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-2609
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Kurtis Ray Easter, * [UNPUBLISHED]
*
Appellant. *
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Submitted: March 7, 2005
Filed: March 11, 2005
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Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.
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PER CURIAM.
Kurtis Ray Easter appeals the sentence that the district court 1 imposed after he
pleaded guilty to mailing a threatening communication, in violation of 18 U.S.C.
§ 876(c). Easter argues that the court plainly erred by making factual findings that
increased his punishment under U.S.S.G. §§ 3A1.2(a)(1)(A) (official victim) and
4B1.1 (career offender).

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-2-
Assuming arguendo that we should review for plain error under United States
v. Booker, 125 S. Ct. 738 (2005), we conclude that any error in making the section
3A1.2(a)(1)(A) finding did not affect Easter’s substantial rights. Even without that
enhancement, the same total offense level and criminal history category would have
resulted from Easter’s classification as a career offender, which was based on the
district court’s finding that Easter had two prior felony convictions for crimes of
violence, see id. at 756 (reaffirming that fact of prior conviction need not be
established by guilty plea or jury verdict).
The judgment is affirmed.
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