United States v. Witherspoon , 210 F. App'x 256 ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-4735
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    JIMMY JAMES WITHERSPOON,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. James A. Beaty, Jr., Chief
    District Judge. (1:05-cr-00372-JAB)
    Submitted: December 14, 2006              Decided:   December 19, 2006
    Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Louis C. Allen III, Federal Public Defender, William S. Trivette,
    Assistant Federal Public Defender, Greensboro, North Carolina, for
    Appellant. Anna Mills Wagoner, United States Attorney, Lisa B.
    Boggs, Assistant United States Attorney, Greensboro, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Jimmy James Witherspoon appeals the 240-month sentence
    imposed after he was convicted by a jury of one count of possession
    of a firearm after having been convicted of a crime punishable by
    more than one year of imprisonment, in violation of 
    18 U.S.C. § 922
    (g) (2000).   The district court concluded that Witherspoon
    qualified for sentencing as an armed career criminal pursuant to 
    18 U.S.C.A. § 924
    (e) (West 2000 & Supp. 2006).
    On appeal, Witherspoon asserts that his sentence was
    unconstitutionally enhanced based upon facts, his qualifying prior
    convictions, that were not alleged in the indictment, admitted by
    him, or found by a jury beyond a reasonable doubt.      Witherspoon
    does not assert that his prior convictions are not valid predicates
    for sentencing as an armed career criminal, but states only a legal
    challenge to his sentence. Witherspoon’s argument is foreclosed by
    our decisions in United States v. Thompson, 
    421 F.3d 278
     (4th Cir.
    2005), cert. denied, 
    126 S. Ct. 1463
     (2006), and United States v.
    Cheek, 
    415 F.3d 349
    , 352-53 (4th Cir.), cert. denied, 
    126 S. Ct. 640
     (2005).
    We therefore affirm Witherspoon’s sentence.   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
    - 2 -
    

Document Info

Docket Number: 06-4735

Citation Numbers: 210 F. App'x 256

Judges: Gregory, Michael, Per Curiam, Shedd

Filed Date: 12/19/2006

Precedential Status: Non-Precedential

Modified Date: 8/7/2023