Professional Documents
Culture Documents
No. 11-4119
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (5:10-cr-00196-F-3)
Submitted:
Decided:
PER CURIAM:
Tahji Antonio Eley pled guilty, pursuant to a plea
agreement, to conspiracy to commit robbery, in violation of 18
U.S.C.
1951
(2006),
using
and
carrying
firearm
during
term
decision
of
in
imprisonment.
United
(en
Eley
States
banc),
v.
Eley
appealed.
Following
649
Simmons,
asserted
he
was
F.3d
our
237
improperly
on
his
prior
North
Carolina
convictions,
now
clear
that
one
of
his
predicate
the
However, it
convictions
was
not
See
our
decision
in
United
States
v.
Harp,
406
F.3d
242
from
the
record
before
us
Because we cannot
whether,
in
light
of
for
the
district
to
make
that
determination.
The
it
conviction.
motion
to
concludes
Eley
has
qualifying
prior
felony
as
moot.
We
dispense
with
oral
argument