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  • United States v. Stewart, 4th Cir. (2009)

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    The United States Court of Appeals for the Fourth Circuit affirmed Terrell Devon Stewart's sentence of 180 months imprisonment for possession of a firearm by a convicted felon. Stewart argued he did not qualify for sentencing as an armed career criminal because his prior conviction for attempted felony common law robbery was not punishable by over one year in prison. However, the Court found this argument was foreclosed by its prior decision in United States v. Harp that such convictions can be considered predicate offenses. The Court therefore affirmed the district court's sentence.

    Original Description:

    Filed: 2009-08-03 Precedential Status: Non-Precedential Docket: 09-4249

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    The United States Court of Appeals for the Fourth Circuit affirmed Terrell Devon Stewart's sentence of 180 months imprisonment for possession of a firearm by a convicted felon. Stewart argued he did not qualify for sentencing as an armed career criminal because his prior conviction for attempted felony common law robbery was not punishable by over one year in prison. However, the Court found this argument was foreclosed by its prior decision in United States v. Harp that such convictions can be considered predicate offenses. The Court therefore affirmed the district court's sentence.

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    8 views2 pages

    United States v. Stewart, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Terrell Devon Stewart's sentence of 180 months imprisonment for possession of a firearm by a convicted felon. Stewart argued he did not qualify for sentencing as an armed career criminal because his prior conviction for attempted felony common law robbery was not punishable by over one year in prison. However, the Court found this argument was foreclosed by its prior decision in United States v. Harp that such convictions can be considered predicate offenses. The Court therefore affirmed the district court's sentence.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-4249

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    TERRELL DEVON STEWART,
    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. (1:08-cr-00164-JAB-1)

    Submitted:

    July 24, 2009

    Decided:

    August 3, 2009

    Before MOTZ, KING, and AGEE, 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, Paul A. Weinman, Assistant United States Attorney,
    Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Terrell Devon Stewart pled guilty to possession of a
    firearm by a convicted felon, 18 U.S.C. 922(g)(1), 924(e)
    (2006), and was sentenced as an armed career criminal to the
    statutory minimum sentence of 180 months imprisonment.
    appeals

    his

    sentence,

    arguing

    that

    he

    sentencing as an armed career criminal.


    Stewart

    asserts

    that

    he

    does

    not

    Stewart

    qualify

    for

    We affirm.

    lacked

    the

    required

    three

    predicate convictions because his prior conviction for attempted


    felony

    common

    law

    robbery

    was

    not

    imprisonment exceeding one year.

    punishable

    by

    term

    of

    He concedes correctly that his

    argument is foreclosed by our decision in United States v. Harp,


    406 F.3d 242, 246-47 (4th Cir. 2005).
    We
    district
    facts

    court.

    and

    materials

    therefore

    legal
    before

    We

    affirm

    dispense

    contentions
    the

    court

    the
    with

    sentence
    oral

    imposed

    argument

    are

    adequately

    and

    argument

    by

    the

    because

    the

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    AFFIRMED

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