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No. 06-4113
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (1:05-cr-00173-NCT)
Submitted:
February 7, 2007
Decided:
PER CURIAM:
Travis Deon Dixon appeals his sentence for being a felon in
possession of a firearm, see 18 U.S.C.A. 922(g)(1) (West 2000).
Finding no error, we affirm.
I.
On
January
6,
2005,
Burlington
(North
Carolina)
Police
of sweat pants that were on the floor by the bed, the pockets of
which were found to contain $3,098 in United States currency.
The
5.7 grams of marijuana that was in plain view of Dixon and other
persons in the residence.
Dixon was subsequently indicted by a grand jury for the Middle
District of North Carolina for being a felon in possession of a
firearm.
substance
offense.
See
United
States
Sentencing
With a three-
the fact that his 1994 conviction for possession with intent to
3
But,
he argues that his 2000 conviction for speeding to elude arrest was
not for a crime of violence.
Crime of violence is defined by the guidelines as
any offense under federal or state law, punishable by
imprisonment for a term exceeding one year, that-(1)
(2)
The
conduct
that
presents
serious
potential
risk
of
This is a
officer, other
bystanders.
occupants
of
the
vehicle,
and
even
Id. at 391
To violate
State v.
Defense
Dixon also argues that a violation of N.C. Gen. Stat. 20141.5 would not constitute a crime of violence as that term is
defined in 18 U.S.C.A. 16(b) (West 2000). Dixons reference to
that definition is puzzling, however, because he does not argue
that the definition applies here. And, the definition in 16(b)
is critically different than the definition before us in that
16(b) defines crime of violence in part to mean any ...
offense that is a felony and that, by its nature, involves a
substantial risk that physical force against the person or
property of another may be used in the course of committing the
offense. 18 U.S.C.A. 16(b) (emphasis added). For the reasons
we have explained, James governs the application of the definition
relevant here.
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marijuana.
that he had purchased drugs from Dixon at the residence that had
served as the basis for the search warrant.4
We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
Dixon points out that the Government has not established the
quantity or type of drugs that the confidential informant claimed
to have purchased from Dixon. However, in North Carolina, even
possession with the intent to distribute marijuana is a felony.
See N.C. Gen. Stat. 90-95 (2005).
8