UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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. Stewart
appeals his sentence, arguing that he does not qualify for
sentencing as an armed career criminal. We affirm.
Stewart asserts that he lacked the required three
predicate convictions because his prior conviction for attempted
felony common law robbery was not punishable by a term of
imprisonment exceeding one year. 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 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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