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  • United States v. Witherspoon, 4th Cir. (2006)

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    The defendant, Jimmy James Witherspoon, appealed his 240-month sentence for possession of a firearm after having been convicted of a crime punishable by more than one year of imprisonment. The district court sentenced Witherspoon as an armed career criminal based on his prior convictions. On appeal, Witherspoon argued that his sentence was unconstitutionally enhanced based on facts (his prior convictions) that were not presented to a jury. However, the Fourth Circuit affirmed his sentence, citing prior decisions that a judge may find facts about prior convictions to apply sentencing enhancements.

    Original Description:

    Filed: 2006-12-19 Precedential Status: Non-Precedential Docket: 06-4735

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    The defendant, Jimmy James Witherspoon, appealed his 240-month sentence for possession of a firearm after having been convicted of a crime punishable by more than one year of imprisonment. The district court sentenced Witherspoon as an armed career criminal based on his prior convictions. On appeal, Witherspoon argued that his sentence was unconstitutionally enhanced based on facts (his prior convictions) that were not presented to a jury. However, the Fourth Circuit affirmed his sentence, citing prior decisions that a judge may find facts about prior convictions to apply sentencing enhancements.

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    United States v. Witherspoon, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The defendant, Jimmy James Witherspoon, appealed his 240-month sentence for possession of a firearm after having been convicted of a crime punishable by more than one year of imprisonment. The district court sentenced Witherspoon as an armed career criminal based on his prior convictions. On appeal, Witherspoon argued that his sentence was unconstitutionally enhanced based on facts (his prior convictions) that were not presented to a jury. However, the Fourth Circuit affirmed his sentence, citing prior decisions that a judge may find facts about prior convictions to apply sentencing enhancements.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-4735

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    JIMMY JAMES WITHERSPOON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. James A. Beaty, Jr., Chief
    District Judge. (1:05-cr-00372-JAB)

    Submitted: December 14, 2006

    Decided:

    December 19, 2006

    Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Louis C. Allen III, Federal Public Defender, William S. Trivette,


    Assistant Federal Public Defender, Greensboro, North Carolina, for
    Appellant. Anna Mills Wagoner, United States Attorney, Lisa B.
    Boggs, Assistant United States Attorney, Greensboro, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jimmy James Witherspoon appeals the 240-month sentence
    imposed after he was convicted by a jury of one count of possession
    of a firearm after having been convicted of a crime punishable by
    more than one year of imprisonment, in violation of 18 U.S.C.
    922(g) (2000).

    The district court concluded that Witherspoon

    qualified for sentencing as an armed career criminal pursuant to 18


    U.S.C.A. 924(e) (West 2000 & Supp. 2006).
    On appeal, Witherspoon asserts that his sentence was
    unconstitutionally enhanced based upon facts, his qualifying prior
    convictions, that were not alleged in the indictment, admitted by
    him, or found by a jury beyond a reasonable doubt.

    Witherspoon

    does not assert that his prior convictions are not valid predicates
    for sentencing as an armed career criminal, but states only a legal
    challenge to his sentence. Witherspoons argument is foreclosed by
    our decisions in United States v. Thompson, 421 F.3d 278 (4th Cir.
    2005), cert. denied, 126 S. Ct. 1463 (2006), and United States v.
    Cheek, 415 F.3d 349, 352-53 (4th Cir.), cert. denied, 126 S. Ct.
    640 (2005).
    We therefore affirm Witherspoons sentence.

    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 -

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