United States v. Brandon Brown , 597 F. App'x 203 ( 2015 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-4635
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    BRANDON ORLANDO BROWN,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Florence. R. Bryan Harwell, District Judge.
    (4:13-cr-01088-RBH-1)
    Submitted:   February 23, 2015            Decided:   March 18, 2015
    Before SHEDD, FLOYD, and THACKER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Michael A. Meetze, Assistant Federal Public Defender, Florence,
    South Carolina, for Appellant.      William N. Nettles, United
    States Attorney, Benjamin Neale Garner, Assistant United States
    Attorney, Columbia, South Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Brandon     Orlando     Brown    pled     guilty    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    180     months    in
    prison.    He     appeals,     arguing    that     his   five        convictions       for
    second degree burglary under S.C. Code Ann. § 16-11-312(A) do
    not   qualify   as    predicate       felonies   for     armed       career    criminal
    status.   We have held that a conviction under § 16-11-312(A) is
    such a qualifying felony.              United States v. Wright, 
    594 F.3d 259
    , 266 (4th Cir. 2010).              “[W]e are bound by prior precedent
    from other panels in this circuit absent contrary law from an en
    banc or Supreme Court decision.”                 United States v. Ruhe, 
    191 F.3d 376
    , 388 (4th Cir. 1999).                There is no such contrary law.
    Accordingly, we find no merit to Brown’s claim, and we 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
    2
    

Document Info

Docket Number: 14-4635

Citation Numbers: 597 F. App'x 203

Filed Date: 3/18/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023