No. 10-5328
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (7:09-cr-00131-D-2)
Submitted:
Decided:
PER CURIUM:
Pursuant to a plea agreement, Jason Robert McGaha pled
guilty to possession of a firearm by a convicted felon, and
aiding and abetting, in violation of 18 U.S.C. 922(g)(1),
924(e), 2 (2006).
filed
an
unopposed
motion
to
McGaha
remand
for
For the
qualify
under
for
the
the
Armed
fifteen
Career
year
mandatory
Criminal
Act
minimum
(ACCA),
18
or
another.
both,
committed
on
occasions
different
from
one
exceeding
one
Carolinas
year.
18
structured
U.S.C.
924(e)(2)(B).
sentencing
scheme,
Under
North
sentences
are
offense
falls
aggravated range.
within
the
mitigated,
presumptive,
or
Nexis 2009).
At
the
time
of
McGahas
conviction
and
sentencing,
felony
term
or
serious
exceeding
drug
one
offense
year
if
was
the
punishable
maximum
by
aggravated
States
v.
Harp,
406
F.3d
242,
246
(4th
Cir.
2005).
may
not
be
classified
as
felony
based
upon
the
maximum
the
individual
defendant
was
not
eligible
for
such
sentence.
McGaha
did
not
receive
sentence
exceeding
twelve
months for any of his offenses and it is unclear from the record
on
appeal
whether
any
of
his
convictions
exposed
him
to
guilty.
Accordingly,
we
vacate
the
criminal
judgment,
of
court
the
requires
right
to
that
petition
counsel
the
inform
Supreme
McGaha,
Court
of
in
the
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and