UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-4910

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEMETRIUS HILL,

Defendant - Appellant.

Appeal from the United States District Court for the Middle 

District of North Carolina, at Greensboro. William L. Osteen, 

Jr., Chief District Judge. (1:12-cr-00288-WO-1)

Submitted: June 19, 2014 Decided: June 23, 2014

Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jonathan Leonard, LAW OFFICE OF JONATHAN LEONARD, Winston-Salem, 

North Carolina, for Appellant. Terry Michael Meinecke, 

Assistant United States Attorney, Greensboro, North Carolina, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

Demetrius Hill pled guilty pursuant to a written plea 

agreement to possession of a firearm by a convicted felon, in 

violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2012). The 

district court sentenced Hill as an armed career criminal,

pursuant to 18 U.S.C. § 924(e) (2012), to 192 months in prison. 

On appeal, counsel for Hill filed a brief pursuant to Anders v. 

California, 386 U.S. 738 (1967), asserting that there are no 

meritorious issues for appeal but questioning whether the 

district court erred in sentencing Hill as an armed career 

criminal, because two of the predicate offenses should not have 

been counted separately and none of the predicate felonies were 

charged in the indictment or proven beyond a reasonable doubt. 

Hill has not filed a pro se supplemental brief, despite notice 

of his right to do so. We affirm.

At sentencing, Hill objected to his designation as an 

armed career criminal based on the fact that he was convicted of 

two of the predicate offenses, felony delivery of cocaine, on 

the same day. However, the crimes for which he was convicted 

were “committed on occasions different from one another,” 

arising out of “separate and distinct criminal episode[s],” such 

that the district court properly overruled the objection. 18 

U.S.C. § 924(e); United States v. Davis, 689 F.3d 349, 358–59 

(4th Cir. 2012) (quoting United States v. Letterlough, 63 F.3d 
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332, 335 (4th Cir. 1995)). We therefore conclude that the 

district court did not err in counting Hill’s prior felonies as 

separate offenses under the Armed Career Criminal Act.

Counsel also posits that Hill’s constitutional rights 

were violated because the predicate offenses supporting his 

armed career criminal designation were not charged in the 

indictment or found by a jury beyond a reasonable doubt. This 

argument is foreclosed by circuit precedent. See United States 

v. Thompson, 421 F.3d 278, 284 n.4 (4th Cir. 2005) (holding that 

an indictment need not reference or list the prior convictions 

used to enhance a sentence); United States v. Cheek, 415 F.3d 

349, 352–54 (4th Cir. 2005) (holding that prior convictions used 

as the basis for an armed career criminal sentence need not be 

charged in the indictment or proven beyond a reasonable doubt); 

see also Alleyne v. United States, 133 S. Ct. 2151, 2160 n.1 

(2013) (recognizing the narrow exception for fact of a prior 

conviction). Accordingly, the district court did not err in 

sentencing Hill as an armed career criminal. 

In accordance with Anders, we have reviewed the record 

in this case and have found no meritorious issues for appeal. 

We therefore affirm the district court’s judgment. This court 

requires that counsel inform Hill, in writing, of the right to 

petition the Supreme Court of the United States for further 

review. If Hill requests that a petition be filed, but counsel 
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believes that such a petition would be frivolous, then counsel 

may move in this court for leave to withdraw from 

representation. Counsel’s motion must state that a copy thereof 

was served on Hill. 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