US v. James Garner, No. 10-5253 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-5253 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES ANTONIO GARNER, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:10-cr-00185-BO-1) Submitted: December 16, 2011 Decided: December 22, 2011 Before WILKINSON, AGEE, 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 Affirmed by unpublished per curiam opinion.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. Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James firearm as a § 922(g)(1) armed Antonio convicted (2006). career Garner criminal pled felon, The in district and imposed imprisonment, the statutory minimum. is whether possession Garner s with prior intent to guilty to violation court a possessing of 18 of U.S.C. him sentenced sentence a as 180 an months The sole issue on appeal North Carolina sell and convictions deliver for cocaine and possession of cocaine for sale qualify as serious drug offenses See 18 within the meaning of the Armed Career Criminal Act. U.S.C. § 924(e)(2)(A)(ii) (2006). Garner concedes that the offenses would have been classified as serious drug offenses at the time he was convicted in state court. The Supreme Court recently held that a federal sentencing court must determine whether an offense under State law is a serious drug offense by consulting the maximum term of imprisonment applicable to a defendant s previous drug offense at the time of the defendant s state conviction for that offense. 131 S. Ct. 2218, 2224 (2011). district court properly McNeill v. United States, Accordingly, we conclude that the sentenced Garner as an armed career criminal, and we affirm the judgment of the district court. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3
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