US v. Terrell Stewart, No. 09-4249 (4th Cir. 2009)

 Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4249 UNITED STATES OF AMERICA, Plaintiff Appellee, v. TERRELL DEVON STEWART, Defendant Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:08-cr-00164-JAB-1) Submitted: July 24, 2009 Decided: August 3, 2009 Before MOTZ, KING, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen III, Federal Public Defender, William S. Trivette, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Paul A. Weinman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrell Devon Stewart pled guilty to possession of a firearm by a convicted felon, 18 U.S.C. ยงยง 922(g)(1), 924(e) (2006), and was sentenced as an armed career criminal to the statutory minimum sentence of 180 months imprisonment. appeals his sentence, arguing that he sentencing as an armed career criminal. Stewart asserts that he does not Stewart qualify for We affirm. lacked the required three predicate convictions because his prior conviction for attempted felony common law robbery was not imprisonment exceeding one year. punishable by a term of He concedes correctly that his argument is foreclosed by our decision in United States v. Harp, 406 F.3d 242, 246-47 (4th Cir. 2005). We district facts court. and materials therefore legal before We affirm dispense the with sentence oral argument contentions are adequately the and argument court imposed by the because the presented would not in the aid the decisional process. AFFIRMED 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.