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    The United States Court of Appeals for the Fourth Circuit affirmed Brandon Brown's sentence of 180 months in prison for possession of a firearm by a convicted felon. Brown argued that his prior convictions for second degree burglary under South Carolina law did not qualify as predicate offenses for sentencing as an armed career criminal. However, the Fourth Circuit had previously held in United States v. Wright that convictions under the same South Carolina burglary statute do qualify as predicate offenses. As a subsequent panel, the court was bound by this prior precedent unless contrary rulings came from an en banc or Supreme Court decision. Finding no such contrary law, the court affirmed Brown's sentence.

    Original Description:

    Filed: 2015-03-18 Precedential Status: Non-Precedential Docket: 14-4635

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    The United States Court of Appeals for the Fourth Circuit affirmed Brandon Brown's sentence of 180 months in prison for possession of a firearm by a convicted felon. Brown argued that his prior convictions for second degree burglary under South Carolina law did not qualify as predicate offenses for sentencing as an armed career criminal. However, the Fourth Circuit had previously held in United States v. Wright that convictions under the same South Carolina burglary statute do qualify as predicate offenses. As a subsequent panel, the court was bound by this prior precedent unless contrary rulings came from an en banc or Supreme Court decision. Finding no such contrary law, the court affirmed Brown's sentence.

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    United States v. Brandon Brown, 4th Cir. (2015)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed Brandon Brown's sentence of 180 months in prison for possession of a firearm by a convicted felon. Brown argued that his prior convictions for second degree burglary under South Carolina law did not qualify as predicate offenses for sentencing as an armed career criminal. However, the Fourth Circuit had previously held in United States v. Wright that convictions under the same South Carolina burglary statute do qualify as predicate offenses. As a subsequent panel, the court was bound by this prior precedent unless contrary rulings came from an en banc or Supreme Court decision. Finding no such contrary law, the court affirmed Brown's sentence.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-4635

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    BRANDON ORLANDO BROWN,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. R. Bryan Harwell, District Judge.
    (4:13-cr-01088-RBH-1)

    Submitted:

    February 23, 2015

    Decided:

    March 18, 2015

    Before SHEDD, FLOYD, 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, Benjamin Neale Garner, Assistant United States
    Attorney, Columbia, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Brandon

    Orlando

    Brown

    pled

    guilty

    to

    possession

    of

    firearm by a convicted felon, 18 U.S.C. 922(g)(1) (2012), and


    was

    sentenced

    prison.

    He

    as

    an

    appeals,

    armed

    career

    arguing

    criminal

    that

    his

    to

    five

    180

    months

    convictions

    in
    for

    second degree burglary under S.C. Code Ann. 16-11-312(A) do


    not

    qualify

    status.

    as

    predicate

    felonies

    for

    armed

    career

    criminal

    We have held that a conviction under 16-11-312(A) is

    such a qualifying felony.

    United States v. Wright, 594 F.3d

    259, 266 (4th Cir. 2010).

    [W]e are bound by prior precedent

    from other panels in this circuit absent contrary law from an en


    banc or Supreme Court decision.
    F.3d 376, 388 (4th Cir. 1999).

    United States v. Ruhe, 191

    There is no such contrary law.

    Accordingly, we find no merit to Browns claim, and we affirm.


    We dispense with oral argument because the facts and legal
    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    AFFIRMED

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