US v. Morey Champion, No. 09-5084 (4th Cir. 2010)
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The court issued a subsequent related opinion or order on October 18, 2011.
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Rehearing granted, August 6, 2010 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-5084 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MOREY BERNAL CHAMPION, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:08-cr-00381-FL-1) Submitted: June 17, 2010 Before MOTZ and Circuit Judge KING, Decided: Circuit Judges, and June 23, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Thomas P. McNamara, Federal Public Defender, G. Alan DuBois, Assistant Federal Public Defender, Eric J. Brignac, Research and Writing Specialist, Raleigh, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Anne M. Hayes, Jennifer P. May-Parker, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: A federal grand jury indicted Morey Bernal Champion for possession convicted of exceeding one (2006). of a a firearm crime year, after punishable in violation previously a by having of of term 18 been imprisonment U.S.C. § 922(g)(1) Champion filed a motion to dismiss the indictment that the district court denied. Champion then entered a guilty plea to the charge, reserving his right to appeal the denial of his motion to dismiss. The court sentenced Champion to fifty-one months of imprisonment and Champion now appeals. Finding no error, we affirm. On appeal, erred in denying review a district his Cir. 2002) motion court s indictment de novo. (4th Champion argues to that dismiss denial of a the the district court indictment. motion to We dismiss an United States v. Brandon, 298 F.3d 307, 310 (citation omitted); see United States v. Thornton, 554 F.3d 443, 445 (4th Cir. 2009) (reviewing whether state felony offense is a crime of violence de novo). Champion violating possession argues § 922(g)(1) with intent that because to he his was legally prior distribute innocent conviction marijuana was punishable by a term of imprisonment exceeding one year. of for not While Champion s argument is concededly foreclosed by United States v. Harp, 406 F.3d 242, 246-47 (4th Cir. 2005), he argues that the 2 subsequent decisions in United States v. Rodriguez, 553 U.S. 337 (2008), and United States v. Pruitt, 545 F.3d 416 (6th Cir. 2008), have undermined this court s holding in Harp. thoroughly reviewed the record and the We have relevant legal authorities and conclude that our holding in Harp is consistent Further, to the with the Supreme Court s decision in Rodriguez. extent Pruitt may be inconsistent with Harp, decisions by our sister circuits are simply not binding upon this court. We court. legal therefore affirm the judgment of the district We dispense with oral argument because the facts and contentions are adequately presented in the materials before the court and argument would not aid in the decisional process. AFFIRMED 3
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