Professional Documents
Culture Documents
No. 10-5139
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Martin K. Reidinger,
District Judge. (3:09-cr-00136-MR-1)
Submitted:
WYNN,
Circuit
Decided:
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Tyran
Matrice
Brace
pled
guilty
to
possessing
the
Supreme
Courts
decision
whether
for
Substance
North
sentencing
Acts
imprisonment
for
enhancement
more
than
of
one
Carrachuri-Rosendo
v.
Carolina
inclusion
in
conviction
purposes,
offenses
year
refers
is
the
predicate
Controlled
punishable
to
the
by
maximum
The
reasoning
in
Simmons
applies
with
equal
force
to
predicate
See Carachuri-
2011
Carolina
Structured
that
turn
in
WL
3607266,
at
Sentencing
yield
separate
*8
Act
(concluding
creates
maximum
that
the
separate
North
offenses
punishments).
Thus,
we
reverse
Braces
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
conviction
and
We dispense with
contentions
the
court
are
and