UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4614
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EUGENE DWIGHT HUNT,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Frank W. Bullock, Jr.,
District Judge. (CR-04-414)
Submitted: February 23, 2006 Decided: March 1, 2006
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen III, Federal Public Defender, Eric D. Placke,
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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eugene Dwight Hunt pled guilty, pursuant to a written
plea agreement, to possessing a firearm as a convicted felon, in
violation of 18 U.S.C. § 922(g) (2000), and was sentenced to a
fifteen-year minimum sentence because he was found to be an armed
career criminal under 18 U.S.C. § 924(e)(1) (West Supp. 2005). On
appeal, Hunt argues that the district court erred by sentencing him
as an armed career criminal in violation of United States v.
Booker, 543 U.S. 220 (2005), because this judicially-imposed
sentencing enhancement was neither found by a jury nor admitted by
him. We affirm.
Hunt’s argument is foreclosed by two of our recent
decisions. See United States v. Thompson, 421 F.3d 278, 282-84
(4th Cir.) (holding that district court may enhance sentence based
on fact of prior convictions under § 924(e) regardless of whether
admitted by defendant or found by jury), petition for cert. filed
(Oct. 25, 2005) (No. 05-7266); United States v. Cheek, 415 F.3d
349, 352-53 (4th Cir.) (holding that the armed career criminal
designation, based on prior convictions, does not violate the Sixth
Amendment under Booker), cert. denied, 126 S. Ct. 640 (2005).
Accordingly, we affirm Hunt’s sentence. We dispense with
oral argument because the facts and legal contentions are
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adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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