PER CURIAM:
Karl Anthony Butler pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (2006). The district court designated Butler an armed career criminal, 18 U.S.C. § 924(e) (2006), and also upwardly departed from the Guidelines established in the presentence investigation report ("PSR") on account of Butler's extensive criminal history. The district court sentenced Butler to 240 months in prison. Butler appeals, asserting that the district court erred by sentencing him as an armed career criminal. Finding no error, we affirm Butler's sentence.
In the presentence investigation report ("PSR"), the probation officer recommended that Butler be sentenced as an armed career criminal as defined in
On appeal, Butler first asserts that the district court erroneously categorized him as an armed career criminal. Specifically, Butler contends that the offense of common law robbery, as defined in North Carolina, is not a predicate offense for enhancement under the Armed Career Criminal Act ("ACCA"). In addition, Butler argues that his prior convictions from more than fifteen years ago were improperly considered as predicate offenses under the ACCA. Butler therefore contends that the court improperly classified him as an armed career criminal.
The Government argues that Butler waived his challenge to the armed career criminal designation and, in any event, did not demonstrate that his sentence should be vacated under plain error review. We agree with the Government that Butler has waived any challenge to the armed career criminal designation. "[W]aiver is the intentional relinquishment or abandonment of a known right," and extinguishes potential error.
Here, Butler, through counsel, failed to object, in the PSR or at sentencing, to his armed career criminal designation. More significantly, in arguing against an upward departure, counsel concurred that Butler was properly classified as an armed career criminal, stating, "We think the Guidelines sentencing with the armed career criminal is an appropriate level for what he has done, what he's been convicted of," and "The base offense level that he got for armed career criminal has taken into account his record . . . ." We conclude that counsel's statements at sentencing constitute a waiver of the issue, and therefore, we decline to review his claims for error— plain or otherwise.
We also reject Butler's claim that his convictions from more than fifteen years ago were improperly considered in determining his ACCA status. In
Accordingly, we affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.