US v. Sherman Turner


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cr-00156-GBL-1 Copies to all parties and the district court/agency. [998467066] [09-5220]

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US v. Sherman Turner Doc. 0 Case: 09-5220 Document: 30 Date Filed: 11/17/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5220 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. SHERMAN ALAN TURNER, a/k/a Chuckie Allen Turner, a/k/a Sherman Turner, Defendant - Appellant. Turner, a/k/a Sherman Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:09-cr-00156-GBL-1) Submitted: October 20, 2010 Decided: November 17, 2010 Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Michael S. Nachmanoff, Federal Public Defender, Frances H. Pratt, Aamra S. Ahmad, Assistant Federal Public Defenders, Alexandria, Virginia, for Appellant. Neil H. MacBride, United States Attorney, Lanny A. Breuer, Assistant Attorney General, Greg D. Andres, Acting Deputy Assistant Attorney General, J. Campbell Barker, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. Case: 09-5220 Document: 30 Date Filed: 11/17/2010 Page: 2 PER CURIAM: Sherman Alan Turner pleaded guilty to possession of a firearm by a felon, in violation of 18 U.S.C. 922(g) (2006). Based on his prior convictions for felony crimes of violence, Turner was sentenced pursuant to the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e) (2006), to 180 months of imprisonment. we affirm. Turner appeals his sentence. Finding no error, Turner argues that his prior conviction for larceny from the person does not qualify as a violent felony under the ACCA. We have previously rejected a similar challenge, see United States v. Jarmon, 596 F.3d 228, 230-33 (4th Cir.), cert. denied, 2010 WL 2215708 (2010) (No. 09-11134), and we disagree with Turner's argument that Jarmon has been called into question by the Supreme Court's decision in Johnson v. United States, 130 S. Ct. 1265 (2010). binding precedent. Therefore, we may not overrule this court's United States v. Simms, 441 F.3d 313, 318 (4th Cir. 2006) ("A decision of a panel of this court becomes the law of the circuit and is binding on other panels unless it is overruled by a subsequent en banc opinion of this court or a superseding contrary decision of the Supreme Court." (internal quotation omitted)). Therefore, this claim fails. We dispense with contentions are Accordingly, we affirm the judgment. oral argument because the facts 2 and legal Case: 09-5220 Document: 30 Date Filed: 11/17/2010 Page: 3 adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3

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