United States v. Cyrano Irons ( 2022 )

United States Court of Appeals
For the Eighth Circuit
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No. 21-2750
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United States of America
Plaintiff - Appellee
v.
Cyrano R. Irons
Defendant - Appellant
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: January 14, 2022
Filed: March 23, 2022
[Unpublished]
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Before BENTON, SHEPHERD, and STRAS, Circuit Judges.
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PER CURIAM.
Cyrano Irons, who pleaded guilty to a firearm offense, challenges the
criminal-history score assigned at sentencing. Over Irons’s objection, the district
court 1 added two points for a pair of armed-criminal-action convictions. See Mo.
Rev. Stat. § 571.015. We affirm.
1
The Honorable David G. Kays, United States District Judge for the Western
District of Missouri.
Even if we assume that the district court made a mistake in counting those two
offenses, any error was harmless. See United States v. Woods, 670 F.3d 883, 886
(8th Cir. 2012) (explaining that a computational error is “harmless” if it “did not
substantially influence the outcome of the sentencing proceeding” (quotation marks
omitted)). At the sentencing hearing, the court explained that “notwithstanding any
of these . . . calculations, if [Irons] had won every one of the [objections] advanced,
[it] would [have] come out in the same place because of 18 U.S.C. [§] 3553(a),”
meaning that Irons’s sentence was based on the statutory sentencing factors rather
than the allegedly erroneous criminal-history calculation. This is as clear a statement
as any that Irons would have received the same sentence “regardless of which
[criminal-history score] applied.” United States v. Staples, 410 F.3d 484, 492 (8th
Cir. 2005); see United States v. McGee, 890 F.3d 730, 737 (8th Cir. 2018) (holding
that a similar error was harmless).
We accordingly affirm the judgment of the district court.
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