United States v. Davis, No. 11-6301 (4th Cir. 2012)
Annotate this CaseDefendant William Davis pled guilty to possession of a firearm by a convicted felon for which he received a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act ("ACCA"). Both in his plea agreement and at his plea hearing, Defendant was advised incorrectly that he faced a maximum sentence of only ten years. Defendant contended on appeal that this error constituted a breach of his plea agreement and asked the Fourth Circuit to order that he receive the ten-year sentence described incorrectly as his statutory maximum. Defendant also challenged the district court’s conclusion that he qualified for the ACCA sentence enhancement. Upon review, the Fourth Circuit held that the failure to properly advise Defendant of his statutory maximum sentence was not a breach by the government. Under these circumstances, however, the Court was unable to conclude that Defendant knowingly and intelligently waived the right to appeal his fifteen-year sentence. The Court therefore declined to enforce Defendant's appeal waiver and considered his alleged sentencing errors. Finding no merit in those claims, the Court affirmed.
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