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United States v. Brown

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 18, 2015
597 F. App'x 203 (4th Cir. 2015)

Summary

finding that Defendant's five convictions for second degree burglary under S.C. Code Ann. § 16-11-312 were qualifying predicate felonies for ACCA status

Summary of this case from Adams v. United States

Opinion

No. 14-4635

03-18-2015

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRANDON ORLANDO BROWN, Defendant - Appellant.

Michael A. Meetze, Assistant Federal Public Defender, Florence, South Carolina, for Appellant. William N. Nettles, United States Attorney, Benjamin Neale Garner, Assistant United States Attorney, Columbia, South Carolina, for Appellee.


UNPUBLISHED Appeal from the United States District Court for the District of South Carolina, at Florence. R. Bryan Harwell, District Judge. (4:13-cr-01088-RBH-1) Before SHEDD, FLOYD, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael A. Meetze, Assistant Federal Public Defender, Florence, South Carolina, for Appellant. William N. Nettles, United States Attorney, Benjamin Neale Garner, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Brandon Orlando Brown pled guilty to possession of a firearm by a convicted felon, 18 U.S.C. § 922(g)(1) (2012), and was sentenced as an armed career criminal to 180 months in prison. He appeals, arguing that his five convictions for second degree burglary under S.C. Code Ann. § 16-11-312(A) do not qualify as predicate felonies for armed career criminal status. We have held that a conviction under § 16-11-312(A) is such a qualifying felony. United States v. Wright, 594 F.3d 259, 266 (4th Cir. 2010). "[W]e are bound by prior precedent from other panels in this circuit absent contrary law from an en banc or Supreme Court decision." United States v. Ruhe, 191 F.3d 376, 388 (4th Cir. 1999). There is no such contrary law. Accordingly, we find no merit to Brown's claim, and we affirm.

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


Summaries of

United States v. Brown

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 18, 2015
597 F. App'x 203 (4th Cir. 2015)

finding that Defendant's five convictions for second degree burglary under S.C. Code Ann. § 16-11-312 were qualifying predicate felonies for ACCA status

Summary of this case from Adams v. United States

noting that panel bound by Wright absent en banc or Supreme Court decision

Summary of this case from United States v. Davis
Case details for

United States v. Brown

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BRANDON ORLANDO BROWN…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Mar 18, 2015

Citations

597 F. App'x 203 (4th Cir. 2015)

Citing Cases

United States v. Davis

The court finds that it is bound by the Fourth Circuit decision of United States v. Wright, 594 F.3d 259 (4th…

Adams v. United States

The Fourth Circuit has found on several occasions that a second degree burglary conviction in South Carolina…