US v. Terrell Stewart

Filing 920090803

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4249 UNITED STATES OF AMERICA, Plaintiff Appellee, v. TERRELL DEVON STEWART, Defendant Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:08-cr-00164-JAB-1) Submitted: July 24, 2009 Decided: August 3, 2009 Before MOTZ, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen III, Federal Public Defender, William S. Trivette, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Paul A. Weinman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrell Devon Stewart pled guilty to possession of a firearm by a convicted felon, 18 U.S.C. 922(g)(1), 924(e) (2006), and was sentenced as an armed career criminal to the statutory minimum sentence of 180 months imprisonment. appeals his sentence, arguing that he does not Stewart for qualify sentencing as an armed career criminal. Stewart asserts that he We affirm. the required three lacked predicate convictions because his prior conviction for attempted felony common law robbery was not punishable by a term of imprisonment exceeding one year. He concedes correctly that his argument is foreclosed by our decision in United States v. Harp, 406 F.3d 242, 246-47 (4th Cir. 2005). We district facts therefore We affirm the with are and sentence oral imposed by the court. legal before dispense argument because the in aid the the and contentions the court adequately argument presented not materials would decisional process. AFFIRMED 2

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