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United States v. Delwin Pridgen, 4th Cir. (2015)
United States v. Delwin Pridgen, 4th Cir. (2015)
United States v. Delwin Pridgen, 4th Cir. (2015)
No. 14-4846
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
W. Earl Britt,
Senior District Judge. (7:14-cr-00024-BR-1)
Submitted:
Decided:
PER CURIAM:
Delwin
Pridgen
following
his
ammunition
by
922(g)(1)
appeals
guilty
a
plea
convicted
(2012),
and
the
to
96-month
possession
felon,
in
sentence
of
violation
possession
of
firearm
of
stolen
imposed
18
and
U.S.C.
firearms,
in
On appeal, Pridgen
For the
deferential
abuse-of-discretion
standard.
Gall
v.
United
of
the
18
U.S.C.
3553(a)
(2012)
factors,
or
United States
considering
challenges
to
the
district
courts
preserved
in
the
district
court
for
plain
error.
United States v. Zayyad, 741 F.3d 452, 459 (4th Cir. 2014); see
Henderson
v.
United
States,
133
S.
Ct.
1121,
1126-27
(2013)
Pridgen
first
argues
that
the
district
court
erred
in
He
North
Carolina
offense
of
felony
breaking
or
entering,
the
victims
home.
Pridgen
did
not
challenge
the
2K2.1(b)(6)(B)
provides
for
four-level
in
connection
with
another
felony
offense.
The
separate
by
the
felony
presence
offense
of
that
firearm.
is
rendered
United
more
States
v.
Jenkins, 566 F.3d 160, 164 (4th Cir. 2009) (internal quotation
marks omitted).
A firearm is possessed in connection with another offense
if the firearm or ammunition facilitated, or had the potential
of facilitating, another felony offense.
n.14(A).
provide
The
Guidelines
specifically
that
the
not engage in any other conduct with that firearm during the
course of the burglary . . . because the presence of the firearm
has the potential of facilitating another felony offense.
2K2.1 cmt. n.14(B).
the
North
Carolina
USSG
offense
of
felony
breaking
or
entering
v.
United
States,
495
U.S.
575,
599
(1990)
See
(defining
generic burglary); United States v. Carr, 592 F.3d 636, 644 (4th
Cir.
2010)
(defining
North
Carolina
felonious
breaking
or
entering); State v. Watkins, 720 S.E.2d 844, 850 (N.C. Ct. App.
2012) (noting felony breaking or entering is lesser included
offense of burglary).
also
argues
two-level
that
the
enhancement
district
for
court
obstruction
of
erred
in
justice,
impeded,
administration
prosecution,
or
of
or
attempted
justice
to
with
sentencing
obstruct
respect
of
the
to
or
the
instant
impede,
the
investigation,
offense
of
Following
his
arrest,
Pridgen
placed
several
telephone
the
investigation
analogous
to
the
of
his
offense
nonexclusive
list
of
was
substantially
obstructive
conduct
Accordingly, we
United States v.
Carter, 564 F.3d 325, 330 (4th Cir. 2009) (internal quotation
marks
omitted).
This
explanation
need
only
provide
some
apply
to
the
defendant
and
considered
any
nonfrivolous
United States v.
The court is
The
the
3553(a)
factors
and
properly.
whether
it
did
so
court
arguments
expressly
and
adopted
demonstrated
the
Governments
consideration
of
See
circumstances
of
the
offense
and
the
history
and
to
consider
need
to
promote
respect
for
the
law).
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED