#### UNITED STATES of America, Plaintiff—Appellee, v. John Mark RICHARDSON, Defendant—Appellant.

No. 04-4667.

United States Court of Appeals, Fourth Circuit.

Submitted: July 27, 2005.

Decided: Aug. 15, 2005.

Louis C. Allen, III, Federal Public Defender, William S. Trivette, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Lisa B. Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

*157Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

John Mark Richardson pled guilty to being a felon *in*possession of a weapon under 18 U.S.C. § 922(g)(1) (2000). Both his plea agreement and plea hearing reveal that Richardson was informed that the Government considered him an armed career criminal under 18 U.S.C.A. § 924(e) (West Supp.2005) and that his minimum sentence under the statute was fifteen years of imprisonment.

Counsel conceded at Richardson’s sentencing hearing that the designation was proper but argued that the sentencing enhancement was invalid in light of the Supreme Court’s decision in *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). The district court sentenced Richardson to 180 months of imprisonment, the mandatory minimum under § 924(e). Since Richardson’s appeal, the Supreme Court has extended its decision in *Blakely*to federal criminal defendants. *See United States v. Booker,*— U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) (striking down the mandatory provisions of the Federal Sentencing Guidelines). On appeal, Richardson argues (1) that the sentence is invalid in light of *Blakely*and (2) that his criminal history, as calculated in his presentence report, is also invalid. For the reasons that follow, we affirm.

Richardson has preserved his *Blakely*arguments for appellate review. He first alleges that his armed career criminal designation does not survive *Blakely.*Richardson, however, does not deny the fact of his five prior North Carolina convictions for “Felonious Robbery With a Dangerous Weapon” or that such convictions are a proper predicate for the armed career criminal enhancement he received. Because Richardson’s fifteen-year sentence was mandated by statute, the then-mandatory sentencing guidelines did not affect his sentence. Accordingly, we find there is no error under *Booker. See United States v. Robinson,*404 F.3d 850, 862 (4th Cir.2005) *(“Booker*did nothing to alter the rule that judges cannot depart below a statutorily provided minimum sentence.”). Moreover, we recently rejected the argument that a defendant’s Sixth Amendment rights are violated under *Booker*when his sentence is statutorily enhanced under § 924(e). *See United States v. Cheek,*415 F.3d 349 (4th Cir.2005).

Second, Richardson alleges that his criminal history, as calculated in his presentence report, was erroneous in light of *Blakely.*This claim fails, however, as Richardson’s sentence was not increased based on his criminal history. Rather, Richardson was sentenced to the mandatory minimum sentence under § 924(e).

Thus, we affirm Richardson’s conviction and sentence. 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*