UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4852
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RESHAWN PEAY, a/k/a Anthony Chante Peay,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(CR-05-26)
Submitted: March 31, 2006 Decided: April 19, 2006
Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, John H. Chun, Assistant
Federal Public Defender, Greenbelt, Maryland, for Appellant. Rod
J. Rosenstein, United States Attorney, Stephen M. Schenning,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Reshawn Peay pled guilty to being a felon in possession
of a weapon in violation of 18 U.S.C. § 922(g)(1) (2000) and was
given a fifteen-year minimum sentence because he was found to be an
armed career criminal under 18 U.S.C.A. § 924(e)(1) (West Supp.
2005). On appeal, Peay 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). For the reasons that
follow, we affirm.
Peay’s argument is foreclosed by two of our recent
decisions. See United States v. Thompson, 421 F.3d 278, 282-84
(4th Cir. 2005) (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), cert. denied, 126
S. Ct. 1463 (2006); 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 Peay’s sentence. We dispense with
oral argument as 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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