US v. Terrance Freeman, No. 08-4796 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-4796 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRANCE GERARD FREEMAN, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:08-cr-00032-D-1) Submitted: July 29, 2010 Decided: August 30, 2010 Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrance Gerard Freeman pled guilty, without a plea agreement, to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (2006). determined that the offense was The district court committed after Freeman sustained two prior felony convictions for crimes of violence, see U.S. (2007), Sentencing and Guidelines sentenced Freeman Manual to ( USSG ) months 106 § 2K2.1(a)(2) imprisonment. Freeman challenges this sentence on appeal. Finding no error, we affirm. Counsel contends that the district court erred in determining that N.C. Gen. Stat. § 14-72(b)(1) (2009) (larceny from the person) is a crime of violence under § 2K2.1(a)(2), as that term is defined by USSG § 4B1.2(a) (2007). § 2K2.1, cmt. n.1. See USSG This argument, however, is foreclosed by this court s recent decision in United States v. Jarmon, 596 F.3d 228, 233 (4th Cir. 2010), which held that North Carolina s larceny from the person resembles the enumerated offense of burglary both in kind and in degree of risk, and so constitutes a crime of violence under § 4B1.2[(a)(2)] . . . . We district did court not the otherwise therefore err in 2 its conclude application clause of that the of USSG § 2K2.1(a)(2). See Jarmon, 596 F.3d at 230 (stating standard of review). Accordingly, we affirm the judgment of the district court. legal before We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED Freeman concedes that he has another conviction for a crime of violence. 3
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