UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-4432
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KAWASI DINGLE,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:11-cr-00536-RBH-1)
Submitted: November 20, 2012 Decided: November 26, 2012
Before TRAXLER, Chief Judge, and SHEDD and FLOYD, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Kathy Price Elmore, ORR ELMORE & ERVIN, LLC, Florence, South
Carolina, for Appellant. William N. Nettles, United States
Attorney, Alfred W. Bethea, Jr., Assistant United States
Attorney, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kawasi Dingle pled guilty to being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)
(2006), and was sentenced as an armed career criminal to 180
months of imprisonment. On appeal, Dingle challenges the
district court’s determination that his prior South Carolina
convictions for second degree burglary, in violation of S.C.
Code Ann. § 16-11-312(A) (2003), were properly qualifying
predicate felonies under 18 U.S.C. § 924(e) (2006). Because
Dingle’s argument is foreclosed by our previous decision in
United States v. Wright, 594 F.3d 259 (4th Cir. 2010), we
affirm.
In Wright, we held that a violation of S.C. Code Ann.
§ 16-11-312(A) categorically qualifies as a predicate offense
for purposes of 18 U.S.C. § 924(e) because the statute tracks
the generic definition of burglary promulgated by the United
States Supreme Court. Wright, 594 F.3d at 266. Because one
panel of this court may not overrule another, we conclude that
Dingle was properly sentenced and affirm the district court’s
judgment. United States v. Rivers, 595 F.3d 558, 564 n.3 (4th
Cir. 2010). 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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