US v. Maurice Melvin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:12-cr-00323-F-1 Copies to all parties and the district court/agency. [999386900].. [13-4857]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4857

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MAURICE LASHAWN MELVIN, a/k/a Maurice Leshawn Melvin,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:12-cr-00323-F-1)

Submitted:

June 24, 2014

Decided:

July 1, 2014

Before MOTZ, GREGORY, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas P. McNamara, Federal Public Defender, Eric J. Brignac,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant.
Thomas G. Walker, United States Attorney, Jennifer
P. May-Parker, Kristine L. Fritz, Assistant United States
Attorneys, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Maurice
written

plea

Lashawn

agreement,

Melvin
to

pled

guilty,

possessing

a

pursuant

firearm

after

to

a

being

convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1),
924 (2012).

He was sentenced under the Armed Career Criminal

Act (“ACCA”) to 159 months in prison. *
raises

on

The sole claim Melvin

appeal

is

whether

the

sentencing

that

his

prior

North

Carolina

determining

court

erred

convictions

in
for

conspiracy to commit robbery with a dangerous weapon constitute
predicate offenses under the ACCA.
We review de novo a district court’s determination of
whether prior offenses qualify as violent felonies for purposes
of the ACCA.

United States v. Hemingway, 734 F.3d 323, 331 (4th

Cir. 2013).

Melvin does not contest that the substantive North

Carolina offense of robbery with a dangerous weapon is a violent
felony under the ACCA.

Rather, he contends that a conspiracy

conviction cannot categorically operate as a predicate felony
for ACCA purposes because conspiracy does not require an overt
act.
Circuit

precedent

forecloses

challenging his sentence under the ACCA.
*

Melvin’s

argument

See United States v.

He received a downward departure below the mandatory
statutory minimum pursuant to U.S. Sentencing Guidelines Manual
§ 5K1.1 (2012).

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White, 571 F.3d 365, 371 (4th Cir. 2009) (holding North Carolina
conviction for conspiracy to commit robbery with a dangerous
weapon constitutes a predicate violent felony under ACCA).
therefore

reject

Melvin’s

claim.

See

Scotts

Co.

v.

We

United

Indus. Corp., 315 F.3d 264, 271 n.2 (4th Cir. 2002) (noting that
a panel of this court cannot explicitly or implicitly overrule
circuit precedent established by a prior panel; only the United
States Supreme Court or this court sitting en banc may do so).
Accordingly, we affirm the judgment of the district
court.
legal

We dispense with oral argument because the facts and
contentions

are

adequately

presented

in

the

materials

before this court and argument would not aid in the decisional
process.
AFFIRMED

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