United States v. Christopher R. Luersen, 278 F.3d 772 (8th Cir. 2002). · Go Syfert
United States v. Christopher R. Luersen, 278 F.3d 772 (8th Cir. 2002). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Christopher Evans (ca8, 2023-03-27)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Christopher Evans
8th Cir. · 2023 · confidence medium
See id. at 718-19 (“Therefore, there is no textual basis to graft a federal law limitation onto a career- offender guideline that specifically includes in its definition of controlled substance offense, ‘an offense under . . . state law.’”); United States v. Luersen, 278 F.3d 772, 774 (8th Cir. 2002) (holding that a case was not an “unforeseeable judicial interpretation of the sentencing guidelines” because it was “derived from the guidelines themselves”). -3- Evans also argues that Henderson violates his equal protection rights because a “hypothetical defendant” sentenced …
discussed Cited "see, e.g." United States v. Cordova Jamal Lynch
8th Cir. · 2007 · signal: see, e.g. · confidence medium
See, e.g., United States v. Luersen, 278 F.3d 772, 774 (8th Cir.2002) (rejecting an argument that an application of the career offender provisions of the Sentencing Guidelines was “unforeseeable,” “unexpected” and “indefensible”); cf. United States v. Green, 902 F.2d 1311, 1313 (8th Cir.1990) (holding that USSG § 4B 1.1 survived a due process challenge, because it did not remove too much discretion from the sentencing judge).
discussed Cited "see, e.g." United States v. Cordova Jamal Lynch
8th Cir. · 2007 · signal: see, e.g. · confidence medium
See, e.g., United States -6- v. Luersen, 278 F.3d 772, 774 (8th Cir. 2002) (rejecting an argument that an application of the career offender provisions of the Sentencing Guidelines was “unforeseeable,” “unexpected” and “indefensible”); cf. United States v. Green, 902 F.2d 1311, 1313 (8th Cir. 1990) (holding that USSG § 4B1.1 survived a due process challenge, because it did not remove too much discretion from the sentencing judge).
discussed Cited "see, e.g." United States v. Jackson
10th Cir. · 2006 · signal: see also · confidence medium
See, e.g., United States v. Rivas-Palacios, 244 F.3d 396, 398 (5th Cir 2001); United States v. Dunn, 946 F.2d 615 (9th Cir. 1991); see also United States v. Luersen, 278 F.3d 772, 774 (8th Cir. 2002) (concluding that the categorical and retroactive classification of a defendant’s earlier escape conviction as a crime of violence after a 2001 decision “was not unexpected or indefensible, thus retroactively applying [the 2001 decision] to [the defendant’s] earlier escape offense is not unconstitutional”).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Christopher R. LUERSEN, Appellant
01-2454.
Court of Appeals for the Eighth Circuit.
Jan 24, 2002.
278 F.3d 772
David R. Mercer, Asst. Federal Public Defender, Springfield, MO, argued (Raymond C. Conrad, Jr., Federal Public Defender, on the brief), for appellant., Richard E. Monroe, Asst. U.S. Atty., Springfield, MO, argued (Marietta Parker, U.S. Atty., on the brief), for appellee.
Bowman, Fagg, Arnold.
Cited by 5 opinions  |  Published
PER CURIAM.

Christopher R. Luersen pleaded guilty to violations of 18 U.S.C. §§ 2113(a), 2312 for attempting to rob a bank and driving a stolen van across state lines. At sentencing, the bank teller testified that Luersen’s demand note stated either “give me all your money or I will kill you” or “give me all your money or you will die.” The first presentence investigation report (PSR) noted Luersen had two earlier convictions for burglary and escape, enhanced Luer-sen’s base offense level by two levels for threatening the bank teller with death, and concluded the appropriate sentencing range was 41 to 51 months imprisonment. This Court then issued United States v. Nation, 243 F.3d 467, 472 (8th Cir.2001), which held that escape is categorically a crime of violence. The probation department submitted an addendum to the PSR concluding that under Nation, Luersen had two earlier crimes of violence (burglary and escape) and was subject to the career offender provision under § 4B1.1. U.S. Sentencing Guidelines Manual (2000). The sentencing range was recalculated as 151-188 months imprisonment. Luersen objected. The district court * sentenced Luersen to 151 months imprisonment for attempted robbery and a concurrent 120 months for interstate transport of a stolen vehicle. Luersen now appeals, challenging the application of the career offender provision § 4B1.1 and the death threat enhancement § 2B3.1(b)(2)(F). Having reviewed the district court’s application of the guidelines de novo, and reviewed with due deference[*774] the district court’s factual finding of a death threat for clear error, we affirm Luersen’s sentence. United States v. Snoddy, 139 F.3d 1224, 1226-27(8th Cir.1998).

Luersen argues the classification of his earlier escape as a crime of violence under Nation violates his due process rights and the prohibition against ex post facto laws. Bouie v. City of Columbia, 378 U.S. 347, 352-53, 84 S.Ct. 1697,12 L.Ed.2d 894 (1964). Because Nation was not an unforeseeable judicial interpretation of the sentencing guidelines, however, Luersen’s arguments fail. See Hill v. Hopkins, 245 F.3d 1038, 1039 (8th Cir.), cert. denied, — U.S.-, 122 S.Ct. 280, 151 L.Ed.2d 206 (2001). Nation’s holding is derived from the guidelines themselves, which instruct courts to determine whether an offense is a crime of violence based on the nature of the crime. § 4B1.2, cmt. n. 1. In addition, four Courts of Appeals before us concluded that escape is categorically a crime of violence. United States v. Ruiz, 180 F.3d 675, 677 (5th Cir.1999); United States v. Harris, 165 F.3d 1062, 1067-68 (6th Cir.1999); United States v. Dickerson, 77 F.3d 774, 775-77 (4th Cir.1996); United States v. Gosling, 39 F.3d 1140, 1142-43 (10th Cir.1994). We also reject Luersen’s argument that Nation’s holding was unforeseeable based on the dicta in United States v. Kind, 194 F.3d 900, 907 (8th Cir.1999), cert. denied, 528 U.S. 1180, 120 S.Ct. 1217, 145 L.Ed.2d 1117 (2000). The classification issued in Nation was not unexpected or indefensible, thus retroactively applying Nation to Luersen’s earlier escape offense is not unconstitutional. See Fogie v. THORN Americas, Inc., 95 F.3d 645, 651 (8th Cir.1996).

We reject Luersen’s claim that there was insufficient evidence to support the death threat enhancement under § 2B3.1(b)(2)(F). Although the teller did not recall the precise wording of the note, both of the teller’s versions included a death threat. The district court’s finding is supported by the evidence and is not clearly erroneous. See United States v. Tolen, 143 F.3d 1121, 1122 (8th Cir.1998). Besides, because Luersen is a career offender, the death threat enhancement does not affect his sentence. United States v. Gomez, 271 F.3d 779, 781 (8th Cir.2001).

We thus affirm Luersen’s sentence.

*

The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri.