United States v. Coley Terrance Holman

521 F. App'x 162

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 9, 2013
• Docket: 12-4972
• Status: Unpublished

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Coley Terrance Holman pled guilty in accordance with a written plea agreement to possession of a firearm by a convicted felon, 18 U.S.C. § 922(g) (2006). He was sentenced to 186 months in prison. Holman now appeals, arguing that he was improperly sentenced as an armed career criminal because the indictment did not charge a violation of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e) (2006). We affirm.

As Holman acknowledges in his brief, controlling circuit precedent defeats his claim. We have held that prior convictions used as the basis for sentencing a defendant as an armed career criminal need not be charged in the indictment or proven to a jury beyond a reasonable doubt. United States v. Cheek, 415 F.3d 349, 352 (4th Cir.2005).

We accordingly affirm. 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.