USA v. William Lee Hunt, No. 12-10231 (11th Cir. 2012)
Annotate this Case
Download PDF
Case: 12-10231 Date Filed: 10/25/2012 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-10231 Non-Argument Calendar ________________________ D.C. Docket No. 3:09-cr-00013-JOF-GGB-1 UNITED STATES OF AMERICA, llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee, versus WILLIAM LEE HUNT, lllllllllllllllllllllllllllllllllllllll Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (October 25, 2012) Before CARNES, BARKETT and WILSON, Circuit Judges. PER CURIAM: The Government s motion to dismiss this appeal pursuant to the appeal waiver is Hunt s plea agreement is DENIED. At Hunt s change of plea hearing, the district court did not specifically ask Hunt whether he understood that he was Case: 12-10231 Date Filed: 10/25/2012 Page: 2 of 2 waiving his right to appeal his conviction as well as his sentence. Furthermore, the record does not make clear that Hunt understood that he was waiving his right to appeal his conviction. United States v. Bushert, 997 F .2d 1343, 1350-51 (11th Cir. 1993). Accordingly, we deny the government s motion to dismiss pursuant to the appeal waiver in Hunt s please agreement. However, Hunt s conviction is AFFIRMED. Hunt cannot show that, but for his attorney s failure to argue for a seven year mandatory minimum at sentencing, he would not have entered his plea. United States v. Dominguez Benitez, 542 U.S. 74, 83, 124 S.Ct. 2333, 2340, 159 L.E.2d 157 (2004). The plea agreement informed Hunt that the mandatory minimum sentence was ten years, the district court at his change of please hearing informed Hunt that the mandatory minimum was ten years, and Hunt testified at his plea hearing that he understood that ten years was the mandatory minimum. Further, the district court gave Hunt the opportunity to speak after this attorney s agreement to the ten year mandatory minimum sentence, and Hunt only apologized for his actions. He did not make any statement that he wished to withdraw his plea, or that his attorney had agreed to argue for a seven year mandatory minimum. AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
