US v. Donnie Collin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cr-00044-GMG-JES-1 Copies to all parties and the district court/agency. [999442905].. [14-4318]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-4318

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DONNIE COLLINS,
Defendant - Appellant.

Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg.
Gina M. Groh,
District Judge. (3:13-cr-00044-GMG-JES-1)

Submitted:

September 15, 2014

Decided:

September 25, 2014

Before KEENAN and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Nicholas J. Compton, Assistant Federal Public Defender, Kristen
M. Leddy, Research and Writing Specialist, Martinsburg, West
Virginia, for Appellant.
William J. Ihlenfeld, II, United
States Attorney, Paul T. Camilletti, Assistant United States
Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Donnie

Collins

pled

guilty

in

accordance

with

a

written plea agreement to possession of a firearm by a convicted
felon, 18 U.S.C. § 922(g)(1) (2012), and was sentenced as an
armed career criminal to 188 months in prison.
his sentence, raising two issues.

He now appeals

We affirm.

Collins first claims that he was improperly found to
be an armed career criminal.

Under the Armed Career Criminal

Act (ACCA), if a defendant is convicted of violating § 922(g)(1)
and has sustained three prior convictions for violent felonies
or serious drug offenses committed on occasions different from
one another, the defendant is subject to a mandatory minimum
sentence of fifteen years.
review

legal

issues

such

18 U.S.C. § 924(e)(1) (2012).
as

whether

a

defendant’s

“We

previous

conviction counted as an ACCA predicate de novo, . . . and we
review

factual

findings

for

clear

error.”

United

States

v.

Washington, 629 F.3d 403, 411 (4th Cir. 2011).
We hold that Collins was properly found to be an armed
career

criminal.

He

was

convicted

of

serious

drug

offenses

occurring on May 13, 2004, June 18, 2004, and September 6, 2006.
The fact that he was apparently sentenced for the 2004 offenses
on the same date is irrelevant for purposes of determining armed
career criminal status.

See United States v. Samuels, 970 F.2d

1312, 1315 (4th Cir. 1992).
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Collins
unreasonable.

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additionally

contends

his

sentence

is

We review a sentence for reasonableness, applying

“an abuse-of-discretion standard.”
U.S. 38, 51 (2007).
“significant

that

Gall v. United States, 552

In so doing, we examine the sentence for

procedural

error.”

Id.

If

there

is

none,

we

“consider the substantive reasonableness of the sentence . . . ,
tak[ing] into account the totality of the circumstances.”

Id.

Upon a thorough review of the sentencing proceedings,
we conclude that Collins’ sentence is procedurally reasonable
and

that

he

failed

to

reasonableness

afforded

United

v.

States

rebut
his

the

presumption

within-Guidelines

Montes-Pineda,

445

F.3d

375,

of

substantive

sentence.
379

(4th

See
Cir.

2006) (explaining presumption of reasonableness).
We accordingly affirm.

We dispense with oral argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED

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