UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-5117
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DARRIN LAMONT DENNIS,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
District Judge. (1:06-cr-00078-NCT)
Submitted: February 22, 2007 Decided: February 28, 2007
WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, III, Federal Public Defender, William C. Ingram,
Jr., First 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Unpublished opinions are not binding precedent in this circuit.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:
Darren Lamont Dennis pled guilty to possession of a
firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1)
(2000), and was sentenced as an armed career criminal to the
mandatory minimum sentence of 180 months imprisonment. 18 U.S.C.A.
§ 924(e) (West 2000 & Supp. 2006). Dennis appeals his sentence,
arguing that his sentence violates the Fifth and Sixth Amendments
because the fact that his predicate prior convictions were
committed on different occasions was not charged in the indictment
or admitted by him. We affirm.
As Dennis acknowledges, the issue he raises is foreclosed
by our decision in United States v. Thompson, 421 F.3d 278, 285-87
(4th Cir. 2005) (holding that the nature and occasion of prior
offenses are facts inherent in the convictions, which government is
not required to allege in the indictment or prove beyond a
reasonable doubt), cert. denied, 126 S. Ct. 1463 (2006). We
therefore affirm the sentence imposed by the district court. 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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