United States v. Love
Opinion
Charles Junior Love pled guilty, pursuant to a written plea agreement, to one count of possession with intent to distribute crack cocaine, 21 U.S.C. § 841(a)(1) (2000), and one count of being a felon in possession of a firearm, 18 U.S.C. § 922(g) (2000), and was sentenced to 192 months of imprisonment on the drug count and 120 months on the firearms count, to run concurrently. Love appeals, claiming that the sentencing enhancement he received for being a career offender, see U.S. States Sentencing Guidelines Manual § 4B1.1 (2003) , violates the Supreme Court’s decisions in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) , and United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
Love’s claim is foreclosed by this court’s decision in United States v. Collins, 412 F.3d 515, 519 (4th Cir. 2005), in which we held that a defendant’s Sixth Amendment right to trial by a jury is not violated by the district court’s reliance on his prior convictions for purposes of sentencing as a career offender. See also United States v. Cheek, 415 F.3d 349, 350 (4th Cir. 2005) (holding similarly in the context of the Armed Career Criminal Act).
Accordingly, we affirm Love’s sentence. 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
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee, v. Charles Junior LOVE, Defendant—Appellant
- Status
- Unpublished