United States v. Travis Robinson, 4th Cir. (2012)

UNPUBLISHED
UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT
No. 12-4036
UNITED STATES OF AMERICA

Plaintiff - Appellee
v.
TRAVIS MELVIN ROBINSON
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., District Judge. (1:11-cr-00110-WO-1)
Submitted:
July 27, 2012
Decided:
August 2, 2012
Before SHEDD, DAVIS, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ames C. Chamberlin, THE LAW OFFICES OF AMES CHAMBERLIN,

Greensboro, North Carolina, for Appellant.
Graham Tod Green,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Travis Melvin Robinson appeals from his conviction and
180-month
sentence
entered
pursuant
to
his
possession of a weapon by a convicted felon.
guilty
plea
to
On appeal, counsel
filed a brief pursuant to Anders v. California, 386 U.S. 738

(1967),
stating
appeal,
but
that
there
questioning
were
whether
no
the
meritorious
district
issues
court
for
erred
by
determining that Robinson was an Armed Career Criminal (ACC).

Robinson filed a pro se supplemental brief, further challenging
his ACC designation and also asserting that police improperly
arrested him and failed to read him his Miranda rights.
We
affirm.
Pursuant to the Armed Career Criminal Act, a person
convicted under 18 U.S.C. 922(g)(1) (2006), who has sustained
three or more prior convictions for violent felonies or serious
drug offenses shall be . . . imprisoned not less than fifteen
years.
18 U.S.C. 924(e)(1) (2006).
A violent felony is any
crime punishable by more than one year of imprisonment that has

as
an
element
physical
the
force
use,
against
attempted
the
924(e)(2)(B)(i) (2006).
person
use,
of
or
threatened
another.
18
use
of
U.S.C.
On appeal, Robinson claims that two
of his predicate convictions did not satisfy the requirements of

the statute.
in
district
Because Robinson did not challenge his ACC status

court,
we
review
2
it
for
plain
error
E.g., United States v. Lynn, 592 F.3d 572, 576-77 (4th
only.
Cir. 2010).
the
lack
Given the information in the presentence report and
of
any
objection,
we
find
no
plain
error
in
the
district courts determination that Robinson was an ACC.

Regarding
procedure,
Robinsons
valid
guilty
challenges
plea
to
waives
his
all
arrest
antecedent,
nonjurisdictional defects not logically inconsistent with the

valid establishment of factual guilt and which do not stand in
the
way
of
established.
(1975);
(holding
waives
see
conviction
Menna v.
Tollett
that,
v.
when
challenges
if
New
423
York,
Henderson,
defendant
to
factual
411
pleads
deprivations
of
U.S.
U.S.
guilt
61,
258,
guilty
is
62
267
n.2
(1973)
voluntarily,
constitutional
he
rights
occurring prior to guilty plea); United States v. Moussaoui, 591

F.3d 263, 279 (4th Cir. 2010) ([T]he defendant who has pled
guilty has no non-jurisdictional ground upon which to attack
that
judgment
except
the
inadequacy
of
the
plea
governments power to bring any indictment at all.).
or
the
As such,
we conclude that Robinsons challenges were waived by his guilty

plea.
Pursuant to Anders, we have reviewed the entire record
in
this
case
for
meritorious
issues
and
have
found
Accordingly, we affirm Robinsons conviction and sentence.
none.
This
court requires that counsel inform Robinson in writing of his

3
right to petition the Supreme Court of the United States for

further review.
If Robinson requests that a petition be filed,
but counsel believes that such a petition would be frivolous,

then counsel may motion this court for leave to withdraw from
representation. Counsel's motion must state that a copy thereof
was served on Robinson.
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

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

UNITED STATES OF AMERICA

July 27, 2012

Before SHEDD, DAVIS, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ames C. Chamberlin, THE LAW OFFICES OF AMES CHAMBERLIN,

Unpublished opinions are not binding precedent in this circuit.

possession of a weapon by a convicted felon.

filed a brief pursuant to Anders v. California, 386 U.S. 738

determining that Robinson was an Armed Career Criminal (ACC).

18 U.S.C. 924(e)(1) (2006).

A violent felony is any

crime punishable by more than one year of imprisonment that has

On appeal, Robinson claims that two

of his predicate convictions did not satisfy the requirements of

Because Robinson did not challenge his ACC status

E.g., United States v. Lynn, 592 F.3d 572, 576-77 (4th

Given the information in the presentence report and

district courts determination that Robinson was an ACC.

nonjurisdictional defects not logically inconsistent with the

occurring prior to guilty plea); United States v. Moussaoui, 591

governments power to bring any indictment at all.).

we conclude that Robinsons challenges were waived by his guilty

Accordingly, we affirm Robinsons conviction and sentence.

court requires that counsel inform Robinson in writing of his

right to petition the Supreme Court of the United States for

If Robinson requests that a petition be filed,

but counsel believes that such a petition would be frivolous,

We dispense with oral argument because

the facts and legal contentions are adequately presented in the

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