United States v. Ronald Elzey ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-4277
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RONALD ELZEY, a/k/a Duff,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Judge. (1:09-cr-00288-WDQ-11)
Submitted: August 19, 2011 Decided: August 29, 2011
Before WILKINSON, MOTZ, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marc G. Hall, HALL & CHO, P.C., Rockville, Maryland, for
Appellant. Rod J. Rosenstein, United States Attorney, Jonathan
Biran, Appellate Chief, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Elzey appeals his conviction and 262-month
sentence for one count of conspiracy to participate in a
racketeering enterprise in violation of 18 U.S.C. § 1962(d)
(2006). His sole contention on appeal is that his 2003 Maryland
conviction for resisting arrest should not have been considered
a predicate offense for a career offender sentencing enhancement
pursuant to U.S. Sentencing Guidelines Manual § 4B1.1 (2009).
Elzey’s argument is foreclosed by our recent decision in United
States v. Jenkins, 631 F.3d 680 (4th Cir. 2011). A three-judge
panel of this court may not overrule the precedent set by a
prior panel. United States v. Rivers, 595 F.3d 558, 564
(4th Cir. 2010).
Accordingly, we affirm the district court’s judgment.
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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