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    United States v. Highsmith, 4th Cir. (2003)

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    Terry Leon Highsmith appealed his 180-month sentence for a violation of 18 U.S.C. § 922(g)(1), arguing that the district court erred in sentencing him as an armed career criminal under the Armed Career Criminal Act because the predicate convictions were not alleged in the indictment. The Fourth Circuit Court of Appeals affirmed the district court's sentence, finding that Highsmith's argument was foreclosed by prior precedent that predicate convictions do not need to be alleged in the indictment to enhance a sentence under the Armed Career Criminal Act. The court dispensed with oral argument and affirmed the district court's judgment.

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    United States v. Highsmith, 4th Cir. (2003)

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    Terry Leon Highsmith appealed his 180-month sentence for a violation of 18 U.S.C. § 922(g)(1), arguing that the district court erred in sentencing him as an armed career criminal under the Armed Career Criminal Act because the predicate convictions were not alleged in the indictment. The Fourth Circuit Court of Appeals affirmed the district court's sentence, finding that Highsmith's argument was foreclosed by prior precedent that predicate convictions do not need to be alleged in the indictment to enhance a sentence under the Armed Career Criminal Act. The court dispensed with oral argument and affirmed the district court's judgment.

    Original Description:

    Filed: 2003-01-22 Precedential Status: Non-Precedential Docket: 02-4520

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    Terry Leon Highsmith appealed his 180-month sentence for a violation of 18 U.S.C. § 922(g)(1), arguing that the district court erred in sentencing him as an armed career criminal under the Armed Career Criminal Act because the predicate convictions were not alleged in the indictment. The Fourth Circuit Court of Appeals affirmed the district court's sentence, finding that Highsmith's argument was foreclosed by prior precedent that predicate convictions do not need to be alleged in the indictment to enhance a sentence under the Armed Career Criminal Act. The court dispensed with oral argument and affirmed the district court's judgment.

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    Public Domain
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    6 views2 pages

    United States v. Highsmith, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    Terry Leon Highsmith appealed his 180-month sentence for a violation of 18 U.S.C. § 922(g)(1), arguing that the district court erred in sentencing him as an armed career criminal under the Armed Career Criminal Act because the predicate convictions were not alleged in the indictment. The Fourth Circuit Court of Appeals affirmed the district court's sentence, finding that Highsmith's argument was foreclosed by prior precedent that predicate convictions do not need to be alleged in the indictment to enhance a sentence under the Armed Career Criminal Act. The court dispensed with oral argument and affirmed the district court's judgment.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-4520

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TERRY LEON HIGHSMITH,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Fox, Senior
    District Judge. (CR-01-63-F)

    Submitted:

    January 16, 2003

    Decided:

    January 22, 2003

    Before WILLIAMS, KING, and GREGORY, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,


    Assistant Federal Public Defender, Raleigh, North Carolina, for
    Appellant.
    Frank D. Whitney, United States Attorney, Anne M.
    Hayes, Assistant United States Attorney, Christine Witcover Dean,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Terry Leon Highsmith appeals his 180-month sentence imposed
    pursuant to the Armed Career Criminal Act, 18 U.S.C. 924(e)
    (2000),

    for

    violation

    of

    18

    U.S.C.

    922(g)(1)

    (2000).

    Highsmiths sole argument on appeal is that the district court


    erred in sentencing him as an armed career criminal because the
    predicate convictions were not alleged in the indictment.

    We have

    reviewed the record and find this appeal foreclosed by our decision
    in United States v. Sterling, 283 F.3d 216 (4th Cir.), cert.
    denied, 122 S. Ct. 2606 (2002).

    Accordingly, the judgment of the

    district court is affirmed. We dispense with oral argument because


    the facts and legal contentions are adequately presented in the
    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.

    AFFIRMED

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