Académique Documents
Professionnel Documents
Culture Documents
No. 09-4065
Submitted:
Decided:
October 6, 2011
in
part,
and
PER CURIAM:
Terrance Antwan Williams pled guilty, without a plea
agreement, to possession with intent to distribute more than
fifty
grams
of
841(a)(1),
furtherance
cocaine
(b)(1)(A)
of
base,
(2006),
drug
in
violation
possession
trafficking
crime,
of
of
in
21
U.S.C.
firearm
violation
of
in
18
On
possession
convictions
of
for
firearm
possession
because
with
his
intent
two
to
North
sell
Carolina
and
deliver
conviction
enhancements
is
purposes,
a
the
predicate
federal
offense
for
Controlled
sentencing
Substance
Acts
year
refers
to
defendant
could
have
criminal
history
or
the
maximum
received,
one
subject
sentence
not
to
one
an
that
with
the
actual
more
severe
aggravated
sentence.
3607266,
because
at
*3
(4th
Williamss
Cir.
Aug.
underlying
17,
North
2011)
(en
Carolina
banc).
Thus,
convictions
were
properly
sentenced
as
career
offender
under
the
Guidelines. 1
Accordingly, although we affirm Williamss 841 and
924 convictions, we reverse his conviction for possession of a
firearm after having been convicted of a crime punishable by
more than one year of imprisonment.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and
AFFIRMED
REVERSED
VACATED
AND
IN PART,
IN PART,
IN PART,
REMANDED