UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4293
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KENNETH MAURICE MADDOX,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (CR-04-185)
Submitted: January 9, 2006 Decided: January 23, 2006
Before NIEMYER, WILLIAMS, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,
Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC
DEFENDER, Raleigh, North Carolina, for Appellant. Frank D.
Whitney, United States Attorney, Anne M. Hayes, Assistant United
States Attorney, Christine Witcover Dean, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North
Carolina, For Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kenneth Maurice Maddox pled guilty to being a felon in
possession of a firearm and was sentenced to 70 months in prison.
Maddox appeals, claiming that the district court’s sentence was
unreasonable and inconsistent with United States v. Booker, 543
U.S. 220, 125 S. Ct. 738 (2005), and that the district court
improperly considered Maddox’s prior North Carolina convictions
when applying section 2K2.1(a)(2) of the U.S. Sentencing Guidelines
Manual (2004).
We affirm. The district court was aware of the advisory
nature of the sentencing guidelines and imposed a sentence that was
reasonable under the circumstances of this case. Maddox’s argument
that the district court improperly used his prior North Carolina
convictions is foreclosed by our decision in United States v. Harp,
406 F.3d 242 (4th Cir. 2005). 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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