Beruflich Dokumente
Kultur Dokumente
No. 09-4201
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:08-cr-00167-JAB-1)
Submitted:
Decided:
J. Darren Byers, LAW OFFICES OF J. DARREN BYERS, P.A., WinstonSalem, North Carolina, for Appellant.
Anna Mills Wagoner,
United States Attorney, Lisa B. Boggs, Assistant United States
Attorney, Greensboro, North Carolina, for Appellee.
PER CURIAM:
DNez Devon Autery pled guilty pursuant to a written
plea agreement to possessing a firearm after being convicted of
a felony, in violation of 18 U.S.C. 922(g)(1) (2006).
The
urging
affirmance.
Finding
reversible
error,
we
affirm.
Autery contends the district court erred when it found
he had at least three previous convictions for violent offenses
and was thus subject to enhanced penalties as an armed career
criminal pursuant to 18 U.S.C. 924(e).
Cir.
1992),
one
conviction
for
attempted
breaking
and
entering, see United States v. Custis, 988 F.2d 1355, 1364 (4th
Cir. 1993), and one conviction for discharging a weapon into
2
occupied property.
occurred
on
the
day
and
all
four
convictions
were
consolidated at sentencing.
In
considering
whether
the
district
court
properly
district
courts
legal
determinations
F.3d
446,
451
(4th
Cir.
de
novo
and
its
2003).
person
who
violates
subject
924(e)(1).
to
enhanced
penalties.
See
18
U.S.C.
F.3d
332,
335
(4th
Cir.
1995).
Factors
to
look
at
are
Id. at 335-36.
In Letterlough, two
In United States v.
James, 337 F.3d 387, 391 (4th Cir. 2003), the court found that
two burglaries occurring at two different stores, across the
street from each other, on the same day, occurred on separate
3
occasions.
n.5
(4th
1998),
the
court
found
that
each
of
three
we
and
criminal.
Even
convictions
find
was
properly
if
should
Autery
only
have
one
had
Id. at 389.
at
least
designated
of
counted
four
an
qualifying
armed
the
breaking
as
and
career
entering
predicate
924(e)
without
discretion
to
impose
sentence
lower
than
the
United
therefore
affirm
Auterys
conviction
and
sentence.
This
move
in
representation.
this
court
for
leave
to
withdraw
from
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED