US v. Roger Lee Lockamy

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00096-WO-1 Copies to all parties and the district court/agency. [999645612].. [15-4084]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4084

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROGER LEE LOCKAMY,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:14-cr-00096-WO-1)

Submitted:

August 20, 2015

Decided:

August 24, 2015

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Federal Public Defender, Mireille P. Clough,
Assistant
Federal
Public
Defender,
Winston-Salem,
North
Carolina, for Appellant.
Ripley Rand, United States Attorney,
Graham T. Green, Assistant United States Attorney, WinstonSalem, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Roger

Lee

Lockamy

appeals

his

conviction

and

180-month

sentence imposed following his guilty plea to possession of a
firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)
(2012).

We affirm.

Lockamy first argues that his sentence is unconstitutional
because the indictment did not allege the existence of his prior
convictions necessary to support an enhanced sentence under the
Armed Career Criminal Act, 18 U.S.C. § 924(e) (2012).

As he

acknowledges, however, his claim is foreclosed by Supreme Court
precedent
Alleyne

as

v.

well
United

as

our

own

States,

and

133

S.

is

thus

Ct.

unavailing.

2151,

2163-64

See
(2013)

(holding any fact other than prior conviction that increases
statutory mandatory minimum is element of offense that must be
submitted to jury and found beyond reasonable doubt); United
States v. Thompson, 588 F.3d 197, 202 (4th Cir. 2009); United
States v. Higgs, 353 F.3d 281, 302 (4th Cir. 2003).
Next,

Lockamy

contends

that

his

prior

North

Carolina

convictions for breaking or entering do not qualify as predicate
felony

offenses

under

the

Armed

Career

Criminal

argument is also foreclosed by our precedent.

Act.

This

United States v.

Mungro, 754 F.3d 267, 272 (4th Cir.), cert. denied, 135 S. Ct.
734 (2014) (“We therefore conclude that N.C. Gen. Stat. § 1454(a),

as

interpreted

by

the

North
2

Carolina

Supreme

Court,

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sweeps no more broadly than the generic elements of burglary.”);
United States v. Kerr, 737 F.3d 33, 38-39 & n.8 (4th Cir. 2013),
cert. denied, 134 S. Ct. 1773 (2014) (holding that court should
consider presumptive range for defendant who was sentenced in
mitigated range to determine if prior conviction is felony).
Finally, Lockamy asserts that § 922(g) is unconstitutional
because
Clause.

it

exceeds

Congress’

authority

under

the

Commerce

We have consistently rejected this argument.

United

States v. Gallimore, 247 F.3d 134, 138 (4th Cir. 2001) (“Under
existing

circuit

precedent,

the

Government

may

establish

the

requisite interstate commerce nexus by showing that a firearm
was manufactured outside the state where the defendant possessed
it.”); see United States v. Smoot, 690 F.3d 215, 223 (4th Cir.
2012).
Accordingly, we affirm the district court’s judgment.
dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the material before this
court and argument will not aid the decisional process.
AFFIRMED

3