UNITED STATES OF AMERICA v. JUNIOR THOMAS COTTON (2017)

Junior Thomas Cotton appeals his 33-month sentence imposed following his guilty plea to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924 (2012). Cotton challenges the district court's calculation of his base offense level under U.S. Sentencing Guidelines Manual § 2K2.1(a) (2014), which establishes a higher offense level for defendants with a prior conviction for a crime of violence under USSG § 4B1.2(a)(2). Cotton argues that his prior conviction, which was deemed a crime of violence under the residual clause of USSG § 4B1.2(a)(2), is no longer a crime of violence in light of Johnson v. United States, 135 S. Ct. 2551 (2015) (striking Armed Career Criminal Act's residual clause in crime of violence definition as unconstitutionally vague). We rejected that argument in United States v. Mack, __ F.3d __, No. 15-4684, 2017 WL 1544953 (4th Cir. May 1, 2017). Accordingly, Cotton's challenge is foreclosed by our decision in Mack.

We therefore affirm the district court's judgment. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM: