UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4326
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
GEORGE MOIR HYLTON, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:08-cr-00050-gec-1)
Submitted: May 9, 2011 Decided: May 19, 2011
Before WILKINSON, KEENAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Joseph G. Painter, Jr., JOSEPH GRAHAM PAINTER, JR., PC,
Blacksburg, Virginia, for Appellant. Ronald Andrew Bassford,
Assistant United States Attorney, Roanoke, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
George Moir Hylton, Jr., pleaded guilty to possession
of a firearm after having previously been convicted of a crime
punishable by a term of imprisonment exceeding one year, in
violation of 18 U.S.C. § 922(g)(1) (2006). The district court
sentenced him to 180 months of imprisonment and he now appeals.
Appellate counsel has filed a brief pursuant to Anders v.
California, 386 U.S. 738 (1967), questioning whether the
district court erred in finding that Hylton was an armed career
criminal. Hylton filed a pro se supplemental brief raising
additional issues. * Finding no error, we affirm.
Counsel argues that the district court erred in
concluding that Hylton qualified as an armed career criminal
because his prior convictions for violent felonies were
sustained twenty-five years prior to sentencing for the instant
offense. This court reviews the question of whether prior
convictions qualify as predicate convictions under the Armed
Career Criminal Act de novo. United States v. Brandon, 247 F.3d
186, 188 (4th Cir. 2001). Under 18 U.S.C. § 924(e) (2006), if a
defendant violates § 922(g) after sustaining three prior
convictions for violent felonies or serious drug offenses, the
*
We have considered the issues raised in Hylton’s pro se
brief and conclude they lack merit.
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statutory mandatory minimum term of imprisonment is fifteen
years. 18 U.S.C. § 924(e)(1). A violent felony is defined as a
crime punishable by a term exceeding one year of imprisonment
that has as an element the use, attempted use, or threatened use
of physical force; is burglary; or involves conduct that
presents a serious potential risk of physical injury to another.
18 U.S.C. § 924(e)(2)(B)(i)-(ii). We have thoroughly reviewed
the record and conclude that the district court did not err in
determining that Hylton qualified as an armed career criminal.
We have examined the entire record in accordance with
the requirements of Anders and have found no meritorious issues
for appeal. Accordingly, we affirm the judgment of the district
court. This court requires that counsel inform Hylton, in
writing, of the right to petition the Supreme Court of the
United States for further review. If Hylton requests that a
petition be filed, but counsel believes that such a petition
would be frivolous, then counsel may move in this court for
leave to withdraw from representation. Counsel’s motion must
state that a copy thereof was served on Hylton. 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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