US v. Terrell Stewart

Filing 920090803

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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