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No. 11-5138
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:11-cr-00017-JPB-DJJ-1)
Submitted:
Decided:
PER CURIAM:
Edward
Hardy
sentence
imposed
firearms
in
violation
counsel
Light,
following
furtherance
of
18
for
U.S.C.
Light
his
of
Jr.,
appeals
guilty
drug
brief
plea
possessing
offense,
(2006).
pursuant
262-month
to
trafficking
924(c)(1)(A)
filed
the
On
to
in
appeal,
Anders
v.
issues,
but
asking
this
court
to
review
the
for
sentencing
as
career
offender.
See
U.S.
Although
whether,
in
light
of
our
recent
opinion
in
United
States v. Gomez, 690 F.3d 194 (4th Cir. 2012), the district
court
erred
approach.
in
its
application
of
the
modified
categorical
these points.
this
case
runs
nonetheless
afoul
affirm
of
Gomez,
because
the
but
argues
error
is
that
we
harmless.
should
For
the
crime
of
enhancement.
violence
for
purposes
of
sentencing
and
the
modified
potentially applicable.
966 (4th Cir. 2010).
may
look
only
to
categorical
575,
602
are
fact
of
conviction
approach
(1990).
The
and
the
statutory
categorical
approach
should
be
the
categorical
Taylor,
495
sentencing
approach
only
U.S.
at
court
when
may
the
Government
600-02.
contends
As
utilize
statute
of
we
the
recently
modified
conviction
is
that
Lights
1989
Virginia
crime
designation
should
agree.
include
of
violence
be
such
affirmed
that
despite
his
the
career
Gomez
offender
error.
We
offenses
that
have
as
an
element
the
use,
(2008)
(explaining
that
predicate
conviction
under
the
131
S.
Ct.
2267,
2275-76
(2011)
(reaffirming
that
Light
asserts
no
other
challenge
to
the
explained
the
sentence
in
the
is
presumptively
context
of
the
substantively
reasonable,
and
we
United States v.
Abu Ali, 528 F.3d 210, 261 (4th Cir. 2008); see Rita v. United
States, 551 U.S. 338, 347 (2007).
Finally, in fulfilling our duty under Anders, we next
review Lights conviction.
11
and
committed
no
error
warranting
correction
on
in
this
case
and
have
found
no
other
potentially
We dispense with
oral
contentions
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
this
court
are
and