US v. Jermol Chin

Filing 920090309

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-5146

UNITED STATES OF AMERICA, Plaintiff ­ Appellee, v. JERMOL CHIN, Defendant ­ Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:06-cr-00552-WDQ-1)

Submitted:

February 12, 2009

Decided:

March 9, 2009

Before TRAXLER, GREGORY, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Wyda, Federal Public Defender, Paresh S. Patel, Staff Attorney, Greenbelt, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Debra L. Dwyer, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jermol Chin pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1) (2006). district court determined he had three prior convictions The of

serious drug offenses for purposes of the Armed Career Criminal Act ("ACCA"), and therefore sentence sentenced of 180 Chin to the statutory 18

mandatory

minimum

months'

imprisonment.

U.S.C. § 924(e) (2006).

Chin has appealed and contends that due

to Blakely v. Washington, 542 U.S. 296 (2004), and United States v. Booker, 543 U.S. 220 (2005), the district court erred in sentencing him under the ACCA based on predicate convictions that were neither admitted by him nor proven to a jury beyond a reasonable doubt. Chin acknowledges that his argument is

foreclosed by precedent, but wishes to preserve the issue for further review. See Almendarez-Torres v. United States, 523

U.S. 224 (1998); United States v. Cheek, 415 F.3d 349 (4th Cir. 2005). court. legal before Accordingly, we affirm the judgment of the district

We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

2