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    United States v. Coley Terrance Holman, 4th Cir. (2013)

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    This document summarizes a United States Court of Appeals case in which Coley Terrance Holman appealed his 186-month prison sentence for possession of a firearm by a convicted felon. Holman argued that he was improperly sentenced as an armed career criminal under the ACCA because his prior convictions were not included in the indictment. However, the court affirmed the sentence, citing precedent that prior convictions used for ACCA sentencing do not need to be charged in the indictment or proven to a jury. The court dispensed with oral argument and affirmed the district court's ruling.

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    United States v. Coley Terrance Holman, 4th Cir. (2013)

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    This document summarizes a United States Court of Appeals case in which Coley Terrance Holman appealed his 186-month prison sentence for possession of a firearm by a convicted felon. Holman argued that he was improperly sentenced as an armed career criminal under the ACCA because his prior convictions were not included in the indictment. However, the court affirmed the sentence, citing precedent that prior convictions used for ACCA sentencing do not need to be charged in the indictment or proven to a jury. The court dispensed with oral argument and affirmed the district court's ruling.

    Original Description:

    Filed: 2013-05-09 Precedential Status: Non-Precedential Docket: 12-4972

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    This document summarizes a United States Court of Appeals case in which Coley Terrance Holman appealed his 186-month prison sentence for possession of a firearm by a convicted felon. Holman argued that he was improperly sentenced as an armed career criminal under the ACCA because his prior convictions were not included in the indictment. However, the court affirmed the sentence, citing precedent that prior convictions used for ACCA sentencing do not need to be charged in the indictment or proven to a jury. The court dispensed with oral argument and affirmed the district court's ruling.

    Copyright:

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    12 views2 pages

    United States v. Coley Terrance Holman, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Coley Terrance Holman appealed his 186-month prison sentence for possession of a firearm by a convicted felon. Holman argued that he was improperly sentenced as an armed career criminal under the ACCA because his prior convictions were not included in the indictment. However, the court affirmed the sentence, citing precedent that prior convictions used for ACCA sentencing do not need to be charged in the indictment or proven to a jury. The court dispensed with oral argument and affirmed the district court's ruling.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-4972

    UNITED STATES OF AMERICA


    Plaintiff - Appellee
    v.
    COLEY TERRANCE HOLMAN
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    William L. Osteen,
    Jr., Chief District Judge. (1:12-cr-00072-WO-1)

    Submitted:

    May 6, 2013

    Before KING and


    Circuit Judge.

    SHEDD,

    Decided:

    Circuit

    Judges,

    and

    May 9, 2013

    HAMILTON,

    Senior

    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.
    Ripley Rand, United States Attorney,
    T. Nick Matkins, Special Assistant United States Attorney,
    Bethany Corbin, Third Year Law Student, Greensboro, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Coley Terrance Holman pled guilty in accordance with a
    written plea agreement to possession of a firearm by a convicted
    felon,

    18

    U.S.C.

    months

    in

    prison.

    922(g)
    Holman

    (2006).
    now

    He

    was

    appeals,

    sentenced

    arguing

    that

    to

    186

    he

    was

    improperly sentenced as an armed career criminal because the


    indictment

    did

    not

    charge

    violation

    of

    the

    Criminal Act (ACCA), 18 U.S.C. 924(e) (2006).


    As

    Holman

    acknowledges

    in

    circuit precedent defeats his claim.

    his

    Armed

    Career

    We affirm.

    brief,

    controlling

    We have held that prior

    convictions used as the basis for sentencing a defendant as an


    armed career criminal need not be charged in the indictment or
    proven to a jury beyond a reasonable doubt.

    United States v.

    Cheek, 415 F.3d 349, 352 (4th Cir. 2005).


    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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