United States v. Pressley
United States v. Pressley
Opinion
Elson Pressley pled guilty, without a plea agreement, to possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C.A. §§ 922(g)(1), 924 (West 2000 & Supp. 2007). He received an enhanced sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C.A. § 924(e) (West 2000 & Supp. 2007). Pressley timely appealed.
Pressley asserts that the ACCA enhancement violated his Sixth Amendment rights because his prior convictions, upon which the court based the enhancement, were not submitted to a jury, proved beyond a reasonable doubt, or admitted by him. However, as Pressley recognizes, this court rejected the same argument in United States v. Cheek, 415 F.3d 349, 352-54 (4th Cir. 2005); see also United States v. Thompson, 421 F.3d 278, 283 (4th Cir. 2005). A panel of this court may not overrule a prior published decision of the court. United States v. Ruhe, 191 F.3d 376, 388 (4th Cir. 1999).
Accordingly, we affirm Pressley’s sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *272 fore the court and argument would not aid the decisional process.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.