Beruflich Dokumente
Kultur Dokumente
No. 08-4450
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
Chief District Judge. (5:06-cr-00313-FL-1)
Submitted:
Decided:
PER CURIAM:
Hopeton
Gooden
was
convicted
by
jury
of
three
of
18
U.S.C.
922(g)(5),
924(e)(1)
(2006);
&
firearm,
Supp.
2009);
in
violation
(2006).
The
and
of
district
being
18
felon
U.S.C.
court
in
possession
922(g)(1),
sentenced
Gooden
of
924(e)(1)
under
the
be
counted
as
violent
felonies
under
18
U.S.C.
Gooden argues
enumerated
in
924(e)(2)(B)(ii)
purposeful,
violent,
and
and
aggressive
armed
bank
first
robbery
not
conduct
require
the
characteristic
of
do
Therefore, we affirm.
argues
that
his
conspiracy
to
conviction
does
not
qualify
as
commit
violent
weapon
qualified
as
predicate
offense
under
the
felony
is
conviction.
guilty
of
The
criminal
New
York
possession
statute
of
states:
weapon
in
A
the
N.Y.
as
violent
felony
conviction.
3
United
States
v.
believe
decision.
Begay
undercuts
the
We agree, and we do
rationale
for
the
Lynch
conduct
that
is
characteristic
of
the
crimes
enumerated in 924(e)(2)(B)(ii).
Gooden has filed a pro se motion requesting permission
to file a supplemental brief.
the
reasons
stated
above,
we
affirm
Goodens
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED