US v. Deante Bank
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:15-cr-00023-CCE-1 Copies to all parties and the district court/agency. [999856046].. [15-4629]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4629
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEANTE LAMONT BANKS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:15-cr-00023-CCE-1)
Submitted:
May 24, 2016
Decided:
June 16, 2016
Before AGEE, FLOYD, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Todd A. Smith, LAW OFFICE OF TODD ALLEN SMITH, Graham, North
Carolina, for Appellant.
Ripley Rand, United States Attorney,
Terry M. Meinecke, Assistant United States Attorney, WinstonSalem, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Deante Lamont Banks appeals his conviction following his
guilty plea to possession of a firearm by a convicted felon, in
violation
of
18
U.S.C.
§§ 922(g)(1),
924(a)(2)
(2012).
Two
prior North Carolina convictions served as predicate felonies
for purposes of § 922(g)(1): possession of cocaine, for which
the
state
court
imprisonment,
sentenced
and
Banks
possession
of
to
a
6
to
17
months
of
schedule
II
controlled
substance, for which the state court sentenced him to 5 to 15
months
of
imprisonment.
On
appeal,
Banks
asserts
that
the
offenses were not felonies because neither exposed him to an
active prison term of more than 12 months.
We affirm.
In United States v. Barlow, 811 F.3d 133 (4th Cir. 2015),
we addressed the impact of the Justice Reinvestment Act of 2011
(“JRA”),
2011
N.C.
Sess.
Structured Sentencing Act.
Laws
192,
on
the
North
Carolina
“[T]he Structured Sentencing Act and
its statutory tables determine if a crime is punishable by a
term of imprisonment of more than one year.”
Id. at 137; see
United States v. Simmons, 649 F.3d 237, 240, 249-50 (4th Cir.
2011) (en banc).
supervision
for
“[T]he [JRA] mandates terms of post-release
all
convicted
sentences of life without parole.”
felons
except
those
serving
Barlow, 811 F.3d at 137.
In
Banks’ case, the JRA required him to serve 9 months of his 6-to17-month and 5-to-15-month sentences on postrelease supervision.
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We
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prior
reiterated
term
of
in
Barlow
imprisonment
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that,
in
qualifies
determining
as
a
whether
felony,
a
Simmons
requires us to “ask only what term of imprisonment the defendant
was exposed to for his conviction, not the most likely duration
of his imprisonment.”
Id. at 140.
renders
supervision
post-release
We held that “state law
part
of
the
term
of
imprisonment,” id., such that “all North Carolina felonies now
qualify as federal predicate felonies,” id. at 137.
Thus,
as
forecloses
his
Banks
appeal.
court’s judgment.
facts
and
materials
legal
before
acknowledges,
Accordingly,
our
we
decision
affirm
in
the
Barlow
district
We dispense with oral argument because the
contentions
are
adequately
this
and
argument
court
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED
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