Walter Howard appeals the 120-month sentence he received after pleading guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). He contends that the sentence is unreasonable. Specifically, Howard argues that he was incorrectly assessed an enhancement under the Armed Career Criminal Act (ACCA) and U.S.S.G. § 4B1.4 when the Government failed to give notice that it intended to seek such an enhanced sentence.
Howard cites no authority, Fifth Circuit or otherwise, supporting his contention that the notice he received was inadequate. He was not entitled to any formal notice of the possibility of an enhanced sentence under the ACCA other than that required by due process.
See
§ 924(e); § 4B1.4, comment.;
cf. United States v. O’Neal,
Howard received adequate notice of the Government’s intent to seek an enhanced sentence under the ACCA through the PSR, to which he objected in writing and at sentencing. Howard’s argument that he received inadequate notice is therefore unavailing, and he has waived by failing to brief any argument otherwise challenging the correctness of the enhancement or the calculation of the guidelines.
Because the guidelines range was correctly calculated in the instant case, a sentence imposed within that range would have been presumptively reasonable.
United States v. Alonzo,
AFFIRMED.
Notes
. The Government does not challenge the reasonableness of downward departure in Howard's favor.