Professional Documents
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Unpublished
Unpublished
No. 05-5065
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Malcolm J. Howard,
District Judge. (CR-04-58)
Submitted:
May 3, 2006
Decided:
Judge Luttig was a member of the original panel but did not
participate in this decision. This opinion is filed by a quorum of
the panel pursuant to 28 U.S.C. 46(d).
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PER CURIAM:
Following a bench trial, Jacqueline Quantella Fowler was
convicted of one count of possession of a firearm by a felon, in
violation of 18 U.S.C. 922(g)(1), 924 (2000).
sentenced to twenty-seven months imprisonment.
Fowler was
We find no error
under North Carolina law, her maximum sentence was twelve months
because no aggravating factors were admitted to or found by a jury
beyond a reasonable doubt. See North Carolina v. Allen, 615 S.E.2d
256, 265 (N.C. 2005) (holding, after Blakely v. Washington, 542
U.S. 296 (2004), statutory maximum is the maximum that a particular
defendant can face in light of her criminal history and the facts
found by a jury or admitted by defendant).
However, as Fowler
could
be
imposed
on
defendant
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convicted
of
felony
Hughes, 401 F.3d 540, 546 (4th Cir. 2005). However, in determining
a sentence post-Booker, sentencing courts are still required to
calculate and consider the guideline range prescribed thereby as
well as the factors set forth in 18 U.S.C. 3553(a) (2000).
Id.
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED
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