United States v. Chin , 316 F. App'x 290 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-5146
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
JERMOL CHIN,
Defendant – Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Judge. (1:06-cr-00552-WDQ-1)
Submitted: February 12, 2009 Decided: March 9, 2009
Before TRAXLER, GREGORY, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Paresh S. Patel, Staff
Attorney, Greenbelt, Maryland, for Appellant. Rod J.
Rosenstein, United States Attorney, Debra L. Dwyer, Assistant
United States Attorney, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jermol Chin pled guilty to being a felon in possession
of a firearm, in violation of 18 U.S.C. § 922(g)(1) (2006). The
district court determined he had three prior convictions of
serious drug offenses for purposes of the Armed Career Criminal
Act (“ACCA”), and therefore sentenced Chin to the statutory
mandatory minimum sentence of 180 months’ imprisonment. 18
U.S.C. § 924(e) (2006). Chin has appealed and contends that due
to Blakely v. Washington, 542 U.S. 296 (2004), and United States
v. Booker, 543 U.S. 220 (2005), the district court erred in
sentencing him under the ACCA based on predicate convictions
that were neither admitted by him nor proven to a jury beyond a
reasonable doubt. Chin acknowledges that his argument is
foreclosed by precedent, but wishes to preserve the issue for
further review. See Almendarez-Torres v. United States, 523
U.S. 224 (1998); United States v. Cheek, 415 F.3d 349 (4th Cir.
2005). Accordingly, we affirm the judgment of the district
court. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED
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