U.S. Court of Appeals for the Eighth Circuit, 1997

United States v. Tommy D. Christopher

United States v. Tommy D. Christopher
U.S. Court of Appeals for the Eighth Circuit · Decided September 3, 1997

United States v. Tommy D. Christopher

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-2162 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas.

Tommy Dale Christopher, * [UNPUBLISHED] * Appellant. * ___________ Submitted: August 22, 1997 Filed: September 3, 1997 ___________ Before FAGG, BOWMAN, and MURPHY, Circuit Judges. ___________ PER CURIAM.

Tommy Dale Christopher appeals the 75-month sentence imposed by the district court1 after he pleaded guilty to transmitting in interstate commerce a communication containing a threat to injure, in violation of 18 U.S.C. § 875(b). We affirm.

The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas.

The sole issue on appeal is whether Christopher&s 1994 California conviction for second-degree burglary of a commercial building constituted a “crime of violence” within the meaning of U.S. Sentencing Guidelines Manual § 4B1.2(1) (1995) (defining “crime of violence” to include crimes involving “conduct that presents a serious potential risk of physical injury to another”), thereby qualifying Christopher for a career-offender enhancement under U.S. Sentencing Guidelines Manual § 4B1.1 (1995). As Christopher concedes, in United States v. Hascall, 76 F.3d 902, 904-05 (8th Cir.), cert. denied, 117 S. Ct. 358 (1996), we determined that second-degree burglaries of commercial buildings involve conduct that presents a serious potential risk of physical injury to another.

Accordingly, we affirm.

A true copy.

Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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