United States v. Christopher Rogers ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4767
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CHRISTOPHER RAY-BRYAN ROGERS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Mary G. Lewis, District Judge.
(4:14-cr-00028-MGL-1)
Submitted: March 17, 2015 Decided: March 19, 2015
Before WYNN, DIAZ, 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Affirmed by unpublished per curiam opinion.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, Robert Frank Daley, Jr., Assistant United States
Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In accordance with a written plea agreement, Christopher
Ray-Bryan Rogers pled guilty to possession of a firearm by a
convicted felon, 18 U.S.C. § 922(g)(1) (2012). Rogers was
sentenced as an armed career criminal to 200 months in prison.
He now appeals, claiming that the district court erred when it
increased his term of imprisonment based upon prior convictions
that were neither alleged in the indictment nor found by a jury.
Rogers concedes, however, that his argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998). We are
“bound by Almendarez-Torres unless and until the Supreme Court
says otherwise.” United States v. Graham, 711 F.3d 445, 455
(4th Cir.), cert. denied, 134 S. Ct. 449 (2013). The Supreme
Court has not overruled Almendarez-Torres.
We accordingly affirm. 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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