US v. Lerico Clayvon Yate

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00451-CCE-1 Copies to all parties and the district court/agency. [999922315].. [15-4332]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4332

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LERICO CLAYVON YATES,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00451-CCE-1)

Submitted:

August 22, 2016

Decided:

September 2, 2016

Before NIEMEYER, THACKER, and HARRIS, 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Affirmed by unpublished per curiam opinion.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,
Kyle D. Pousson, Assistant United States Attorney, Greensboro,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
A federal grand jury indicted Lerico Clayvon Yates on one
count

of

possession

violation
entered

of

a

18

of

a

U.S.C.

conditional

firearm

by

§§ 922(g),
guilty

plea,

a

convicted

924(a)(2)

felon,

(2012).

preserving

the

in

Yates

right

to

assert on appeal that he did not have a prior felony conviction
to

support

previous

his

North

felon-in-possession
Carolina

conviction

conviction
for

because
common

attempted

his
law

robbery was not punishable by a sentence exceeding one year.
In his opening brief on appeal, Yates argued that his North
Carolina

attempted

punishable
because

the

by

a

common

sentence

North

law
of

Carolina

robbery

conviction

was

not

exceeding

one

year

of

2011

imprisonment

Justice

Reinvestment

Act

required that 9 months of his 10- to 21-month sentence be served
on

post-release

supervision.

As

Yates

now

concedes,

his

argument is foreclosed by our recent decision in United States
v. Barlow, 811 F.3d 133 (4th Cir. 2015), cert. denied, 136 S.
Ct. 2014 (2016), which issued while Yates’ appeal was pending.
Yates filed a supplemental brief challenging his sentence,
arguing for the first time that North Carolina attempted common
law robbery is not a “crime of violence” for purposes of U.S.
Sentencing
raise

this

Guidelines
issue

in

Manual
his

§ 2K2.1
initial

appellate review of this claim.
2

(2014).
brief,

By

Yates

failing
has

to

waived

United States v. Bartko, 728

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F.3d 327, 335 (4th Cir. 2013); Suarez-Valenzuela v. Holder, 714
F.3d 241, 248-49 (4th Cir. 2013).
Accordingly, we affirm the criminal judgment.

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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