US v. Llee Terry, Jr., No. 13-4124 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4124 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LLEE REON TERRY, JR., a/k/a Llee Devor Terry, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:12-cr-00158-NCT-1) Submitted: November 21, 2013 Decided: December 16, 2013 Before DUNCAN, KEENAN, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Lisa S. Costner, LISA S. COSTNER, P.A., Winston-Salem, North Carolina, for Appellant. Ripley Rand, United States Attorney, Andrew C. Cochran, Special Assistant United States Attorney, Winston-Salem, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Llee Reon Terry pled guilty, pursuant to a plea agreement, to possession of a firearm by a convicted felon, in violation district of 18 court U.S.C. §§ sentenced 922(g)(1), Terry to 924(a)(2) 180 months (2012). The imprisonment. Terry appeals, challenging his enhanced sentence under the Armed Career Criminal Act ( ACCA ), 18 U.S.C. § 924(e) (2012). We affirm. Terry asserts that the district court erred by relying on his North Carolina convictions for breaking or entering, N.C. Gen. Stat. § 14-54(a) (2011), to designate him an armed career criminal. Because Terry raises this claim for the first time on appeal, our review is for plain error. 592 F.3d 572, 577-78 (4th Cir. 2010). United States v. Lynn, To establish plain error, Terry must demonstrate that an error occurred, the error was plain, and the error affected his substantial rights. Id. at 577. A defendant convicted of being a felon in possession of a firearm who has three prior convictions for violent felonies or serious drug offenses is subject to sentencing as an armed career criminal. * 18 U.S.C. § 924(e)(1); U.S. Sentencing * Terry does not dispute that his two North Carolina armed robbery convictions qualify as predicate offenses. 2 Guidelines Manual § 4B1.4 (2011). North Carolina convictions Terry contends that his prior for breaking or entering qualifying convictions for purposes of the ACCA. to the contrary on several occasions. are not We have held United States v. Thompson, 588 F.3d 197, 202 (4th Cir. 2009); United States v. Thompson, 421 F.3d 278, 284 (4th Cir. 2005); United States v. Bowden, 975 F.2d 1080, 1084-85 (4th Cir. 1992). The Supreme Court s recent decision in Descamps v. United States, 133 S. Ct. 2276 (2013), does not affect our conclusion. Terry s North Carolina conviction for second-degree burglary also qualifies as an ACCA predicate. North Carolina burglary. The elements of second-degree burglary in clearly track the definition of generic Descamps, 133 S. Ct. at 2283; State v. Rick, 463 S.E.2d 182, 188 (N.C. 1995). We therefore discern no error, plain or otherwise, in Terry s affirm armed his career sentence. criminal designation. Terry s supplemental brief is denied. pro se Accordingly, motion to file we a We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this Court and argument would not aid the decisional process. AFFIRMED 3