Filed: May 20, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4689 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JULIAN HARRISON LIPSCOMB, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:14-cr-00411-NCT-1) Submitted: May 18, 2016 Decided: May 20, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. All
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-4689 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JULIAN HARRISON LIPSCOMB, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:14-cr-00411-NCT-1) Submitted: May 18, 2016 Decided: May 20, 2016 Before SHEDD, DIAZ, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Alle..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-4689
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JULIAN HARRISON LIPSCOMB,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:14-cr-00411-NCT-1)
Submitted: May 18, 2016 Decided: May 20, 2016
Before SHEDD, DIAZ, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Louis C. Allen, Federal Public Defender, Mireille P. Clough,
Assistant Federal Public Defender, Winston-Salem, North
Carolina, for Appellant. Kyle David Pousson, OFFICE OF THE
UNITED STATES ATTORNEY, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Julian Harrison Lipscomb pled guilty, pursuant to a written
plea agreement, to felon in possession of ammunition, in
violation of 18 U.S.C. §§ 922(g)(1), 924(e) (2012). He was
sentenced as an armed career criminal to the mandatory minimum
sentence of 180 months’ imprisonment. On appeal, counsel has
filed a brief pursuant to Anders v. California,
386 U.S. 738
(1967), stating that there are no meritorious grounds for appeal
in her opinion, but questioning whether Lipscomb’s prior North
Carolina conviction for breaking and entering was punishable for
a term exceeding one year to qualify as a predicate offense for
the armed career criminal sentencing enhancement. Although
advised of his right to do so, Lipscomb has not filed a pro se
supplemental brief. The Government declined to file a brief.
Lipscomb has a prior North Carolina conviction for breaking
and entering for which he received 4 to 14 months’ imprisonment.
Counsel for Lipscomb argues that, because the North Carolina
Justice Reinvestment Act of 2011 required that 9 months of that
sentence be served on postrelease supervision, the state
conviction was not punishable by a term exceeding a year in
prison. As counsel for Lipscomb concedes, this argument is
foreclosed by our recent decision in United States v. Barlow,
811 F.3d 133, 140 (4th Cir. 2015), petition for cert. filed, No.
15-8925 (U.S. Apr. 8, 2016).
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In accordance with Anders, we have reviewed the record in
this case and have found no meritorious issues for appeal.
Accordingly, we affirm the criminal judgment. This court
requires that counsel inform Lipscomb, in writing, of the right
to petition the Supreme Court of the United States for further
review. If Lipscomb requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then
counsel may move in this court for leave to withdraw from
representation. Counsel’s motion must state that a copy thereof
was served on Lipscomb. 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.
AFFIRMED
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