United States v. Evans , 175 F. App'x 620 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4861
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TERRANCE RUDDALL EVANS, a/k/a Terrence Russell
Evans,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-04-447)
Submitted: March 29, 2006 Decided: April 12, 2006
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, III, Federal Public Defender, John A. Dusenbury,
Jr., Assistant Federal Public Defender, Greensboro, North Carolina,
for Appellant. Angela Hewlett Miller, OFFICE OF THE UNITED STATES
ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terrance Ruddall Evans appeals the district court’s
judgment entered pursuant to his guilty plea to being a felon in
possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and
924(e)(1) (2000). Evans’ attorney has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967), certifying there
are no meritorious issues for appeal. Although informed of his
right to file a pro se supplemental brief, Evans has not done so.
Finding no reversible error, we affirm.
Evans claims that the district court erred when it
designated him an armed career criminal. A defendant convicted of
violating § 922(g) qualifies as an armed career criminal under 18
U.S.C. § 924(e) if he has three prior convictions for a violent
felony. The definition of “violent felony” includes any felony
that has as an element the use of physical force or involves
conduct that presents a serious potential risk of physical injury
to another. 18 U.S.C. § 924(e)(2)(B).
Evans has three prior convictions for violent felonies.
In 1997, Evans was convicted in North Carolina of felony assault
with a deadly weapon on a law enforcement officer. In 2002, Evans
was convicted in North Carolina of common law robbery. See
State v. Herring, 370 S.E.2d 363, 368 (N.C. 1988) (holding that the
crime of common law robbery consists of taking property of another
by means of violence or fear). In 2002, Evans was convicted in
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North Carolina of felony flight to elude arrest after he drove
recklessly in an attempt to elude a police traffic stop. See
United States v. James, 337 F.3d 387 (4th Cir. 2003) (finding
failure to stop for a blue light constitutes a violent felony.)
The district court correctly determined that Evans was an armed
career criminal.
Pursuant to Anders, we have examined the entire record
and find no meritorious issues for appeal. Accordingly, we affirm
Evans’ conviction and sentence. This court requires that counsel
inform his client, in writing, of his right to petition the Supreme
Court of the United States for further review. If the client
requests that a petition be filed, but counsel believes that such
a petition would be frivolous, then counsel may move in this court
for leave to withdraw from representation. Counsel’s motion must
state that a copy thereof was served on the client. 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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