United States of America, Appellee, v. Willie Calvin Cooley, Appellant, 5 F.3d 532 (8th Cir. 1993)

Pursuant to a plea bargain, Willie Calvin Cooley pleaded guilty to a charge of assault with intent to commit murder, a violation of 18 U.S.C. §§ 7(3) and 113(a), the charge arising out of an incident in which Cooley assaulted his wife with a knife. The district court¹  sentenced Cooley to a period of forty-six months' imprisonment, to be followed by a period of three years of supervised release.

Cooley challenges his sentence on several grounds, contending that the district court should have sentenced him at offense level 21 rather than at level 23. The sentencing hearing transcript clearly indicates, however, that the district court would have imposed the same sentence had it applied the sentencing range provided by offense level 21. Accordingly, Cooley's sentence is not subject to review. See United States v. Simpkins, 953 F.2d 443, 446 (8th Cir. 1992).

The sentence is affirmed. See 8th Cir. Rule 47B.