United States v. Highsmith ( 2003 )

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 a violation of 18 U.S.C. § 922(g)(1) (2000).
Highsmith’s 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
2