United States v. Antwone Deshawn Evans

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined.

OPINION

SHEDD, Circuit Judge.

After pleading guilty to being a felon in possession of a firearm, Antwone Deshawn Evans was sentenced to 96 months’ imprisonment. Evans now claims that his sentence is unconstitutional based on the Supreme Court’s recent decision in United States v. Booker, — U.S. —, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Finding no error, we affirm.

I

Because Evans had two felony convictions for controlled substance offenses pri- or to committing the instant firearm…