U.S. v. TILLERY

No. 11-4819.

702 F.3d 170 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Carter TILLERY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 19, 2012.


Attorney(s) appearing for the Case

ARGUED: Charles D. Lewis , Richmond, Virginia, for Appellant. Jessica Aber Brumberg , Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Vaughan C. Jones , Johnson & Jones, LLP, Richmond, Virginia, for Appellant. Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge WILKINSON and Judge DUNCAN joined.


OPINION

GREGORY, Circuit Judge:

Carter Tillery appeals his jury conviction of a Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), and using, carrying, and brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii). He also challenges his sentence, arguing he was improperly sentenced as a career offender. For the following reasons, we affirm.

I.

On the morning of August 1, 2009, the Petersburg...

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