United States v. Gardner , 266 F. App'x 232 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4758
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
KENNETH LEE GARDNER,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Peter J. Messitte, District Judge. (8:06-
cr-00422-PJM)
Submitted: January 17, 2008 Decided: January 22, 2008
Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Paresh S. Patel, Staff
Attorney, Lisa W. Lunt, Assistant Federal Public Defender,
Greenbelt, Maryland, for Appellant. Rod J. Rosenstein, United
States Attorney, Emily N. Glatfelter, Assistant United States
Attorney, Greenbelt, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Lee Gardner pled guilty to possession of a
firearm by a convicted felon, 18 U.S.C. § 922(g)(1) (2000), and was
sentenced as an armed career criminal to the mandatory minimum term
of fifteen years imprisonment under 18 U.S.C.A. § 924(e) (West 2000
& Supp. 2007). Gardner appeals his sentence. We affirm.
Gardner argues that his sentence violates the Sixth
Amendment under Blakely v. Washington, 542 U.S. 296 (2004), and
United States v. Booker, 543 U.S. 220 (2005), because the predicate
convictions were neither admitted by him nor proved to a jury
beyond a reasonable doubt. As Gardner concedes, we have rejected
this argument in previous decisions. See United States
v. Williams, 461 F.3d 441, 452 (4th Cir.), cert. denied, 127 S. Ct.
616 (2006); United States v. Cheek, 415 F.3d 349, 354 (4th Cir.
2005).
We therefore affirm the sentence imposed by the district
court. 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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