United States v. Bryan Wright ( 1999 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 99-2814
    ___________
    United States of America,                *
    *
    Appellee,                   *
    * Appeal from the United States
    v.                                 * District Court for the
    * Western District of Arkansas.
    Bryan W. Wright,                         * [UNPUBLISHED]
    *
    Appellant.                  *
    ___________
    Submitted: December 16, 1999
    Filed: December 22, 1999
    ___________
    Before BOWMAN, FAGG, and MURPHY, Circuit Judges.
    ___________
    PER CURIAM.
    Bryan Wright pleaded guilty to conspiring to distribute methamphetamine, in
    violation of 
    21 U.S.C. §§ 841
    (a)(1) and 846. He objected to the presentence report’s
    recommendation that he receive a two-level enhancement for possessing a firearm in
    connection with the offense, but he withdrew his objection at sentencing. The district
    court1 sentenced Wright to 121 months imprisonment and 5 years supervised release.
    On appeal, Wright argues that the court erroneously applied the weapon enhancement.
    1
    The Honorable Robert T. Dawson, United States District Judge for the Western
    District of Arkansas.
    By withdrawing his objection to the weapon enhancement at sentencing, Wright
    intentionally relinquished or abandoned it, resulting in a waiver that extinguished his
    claim altogether. Therefore, we need not review it, even for plain error. See United
    States v. Olano, 
    507 U.S. 725
    , 733 (1993); United States v. Tulk, 
    171 F.3d 596
    , 600
    (8th Cir. 1999); United States v. Gutierrez, 
    130 F.3d 330
    , 332 (8th Cir. 1997).
    Accordingly, we affirm the judgment of the district court.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 99-2814

Filed Date: 12/22/1999

Precedential Status: Non-Precedential

Modified Date: 10/13/2015