United States v. Hunter

238 F. App'x 938

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 10, 2007
• Docket: 06-5018
• Status: Unpublished

Opinion

PER CURIAM:

Dana Lee Hunter entered a conditional plea of guilty to one count of possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000), reserving the right to challenge the district court’s denial of his motion to dismiss the indictment. Hunter appeals, contending that his predicate state conviction, cruelty to animals, did not satisfy § 922(g)(1) as a matter of law. Finding no error, we affirm.

Section 922(g)(1) prohibits anyone who has been convicted of a crime punishable by more than a year in prison to possess a firearm. 18 U.S.C. § 922(g)(1). Hunter asserts that, under North Carolina’s structured sentencing scheme law, his maximum sentence was less than twelve months because no aggravating factors were either admitted or found by a jury beyond a reasonable doubt. However, as Hunter concedes, his argument is foreclosed by United States v. Harp, 406 F.3d 242, 246-47 (4th Cir.), cert. denied, 546 U.S. 919, 126 S.Ct. 297, 163 L.Ed.2d 259 (2005). Thus, because it is undisputed that a sentence of over twelve months could be imposed on a defendant convicted of cruelty to animals in North Carolina, Hunter’s prior conviction was properly considered a predicate felony under § 922(g)(1).

Accordingly, we affirm Hunter’s conviction. 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.