United States v. Symington, No. 14-10482 (11th Cir. 2015)
Annotate this CaseAppellant Joseph Symington appealed his conviction and 15-year mandatory minimum sentence, imposed pursuant to the Armed Career Criminal Act ("ACCA"), after he pleaded guilty for being a convicted felon in possession of a firearm and ammunition. Symington argued on appeal that the district court lacked the authority to sentence him beyond the ten-year maximum sentence agreed to in his written plea agreement because it explicitly stated that he would not be subject to an enhanced sentence under the ACCA. The Eleventh Circuit concluded that the district court was required to sentence Symington under the ACCA; nevertheless, it vacated and remanded Symington's conviction and sentence because the district court failed to comply with Federal Rule of Criminal Procedure 11(c)(1)(C) by not permitting Symington to withdraw his guilty plea.
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