UNITED STATES of America, Plaintiff-Appellee, v. Paul Anthony FULLER, Defendant-Appellant, 203 F. App'x 471

PER CURIAM: Paul Anthony Fuller entered a conditional plea of guilty to one count of possession of a firearm by a felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000). Fuller was sentenced to fifty-four months’ imprisonment. We find no error and affirm Fuller’s conviction. On appeal, Fuller contends his predicate state conviction did not satisfy § 922(g)(1) as a matter of law. He reasons that, under North Carolina law, his maximum sentence was twelve months because no aggravating factors were either admitted or found by a jury beyond a reasonable doubt. See North Carolina v.

Allen, 359 N.C. 425, 615 S.E.2d 256, 265 (2005) (holding, after Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), statutory maximum is the maximum a defendant can face in light of his criminal history and the facts found by a jury or admitted by defendant). However, as Fuller concedes, his argument is foreclosed by United States v. Harp, 406 F.3d 242, 246-47 (4th Cir.2005), cert. denied, - U.S. -, 126 S.Ct. 297, 163 L.Ed.2d 259 (2005), which holds that United States v. Jones, 195 F.3d 205 (4th Cir. 1999), is still viable after Blakely and United States v.

Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and reaffirms that a prior North Carolina conviction satisfies § 922(g)(1) if any defendant charged with that crime could receive a sentence in excess of one year. Thus, because it is undisputed that a sentence of over twelve months could be imposed on a defendant convicted of felony breaking and entering a motor vehicle in North Carolina, Fuller’s prior conviction was properly considered a predicate felony under § 922(g)(1). Accordingly, we affirm Fuller’s conviction.

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.