457 F. App'x 229
4th Cir.2011Background
- Conyers pled guilty to possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1).
- He was sentenced to 180 months after the plea.
- Counsel filed an Anders brief asserting no meritorious issues but challenging ACCA designation.
- District court designated Conyers as an armed career criminal.
- McNeill forecloses relitigating the ACCA designation based on the current punishment for prior offenses.
- Court affirms conviction and sentence and denies substitute counsel request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Conyers was properly designated an armed career criminal | Conyers argues prior offenses not >1 year at time of current offense | Government argues designation proper under McNeill | Yes; designation proper |
Key Cases Cited
- McNeill v. United States, 131 S. Ct. 2218 (Supreme Court 2011) (requires consulting the maximum sentence at time of prior offense conviction)
- United States v. Bowden, 975 F.2d 1080 (4th Cir. 1992) (NC break-in qualifies as burglary under ACCA)