United States v. Christopher Goins, Jr.

CourtCourt of Appeals for the Fourth Circuit
DecidedMay 17, 2022
Docket21-4686
StatusUnpublished

This text of United States v. Christopher Goins, Jr. (United States v. Christopher Goins, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Christopher Goins, Jr., (4th Cir. 2022).

Opinion

USCA4 Appeal: 21-4686 Doc: 20 Filed: 05/17/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-4686

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHRISTOPHER HAROLD GOINS, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Louise W. Flanagan, District Judge. (7:10-cr-00107-FL-1)

Submitted: May 10, 2022 Decided: May 17, 2022

Before NIEMEYER and WYNN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

ON BRIEF: G. Alan DuBois, Federal Public Defender, Eric Joseph Brignac, Chief Appellate Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, Kristine L. Fritz, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-4686 Doc: 20 Filed: 05/17/2022 Pg: 2 of 2

PER CURIAM:

Christopher Harold Goins, Jr., appeals his 240-month sentence, arguing that the

district court erroneously sentenced him as an armed career criminal, see 18 U.S.C.

§ 924(e), because one of his predicates is invalid. However, as Goins correctly concedes,

his challenge is foreclosed by United States v. Dodge, 963 F.3d 379, 381-85 (4th Cir. 2020),

which held that the predicate offense at issue—North Carolina breaking and entering, N.C.

Gen. Stat. § 14-54(a)—categorically qualifies as a violent felony for purposes of the Armed

Career Criminal Act. And, as Goins further acknowledges, this panel is not at liberty to

overrule Dodge. See United States v. Williams, 808 F.3d 253, 261 (4th Cir. 2015).

Accordingly, we affirm the district court’s judgment. We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional process.

AFFIRMED

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Related

United States v. Lance Williams
808 F.3d 253 (Fourth Circuit, 2015)
United States v. Frank Dodge
963 F.3d 379 (Fourth Circuit, 2020)

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