Court of Appeals for the Eighth Circuit July 29, 2005, 04-1899 (United States v. Larry Flenoid)

SMITH, Circuit Judge.

Larry Flenoid was found guilty by a jury of being a felon in possession of a firearm and escape. Flenoid was sentenced to life in prison

1

for felon in possession and five years for escape, to run concurrently. On appeal, Flenoid argues that he should be resentenced in accordance with

Blakely v. Washington,

542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.