Diveroli v. United States, No. 14-11576 (11th Cir. 2015)
Annotate this CaseEfraim Diveroli, an international arms dealer, won a $298 million contract with the United States Army to provide ammunition to Afghanistan. The contract prohibited Diveroli’s company, AEY, from acquiring ammunition from Chinese manufacturers. When Diveroli learned that his primary supplier obtained its ammunition from China, he and others concealed the origin of the ammunition and falsely attested that it was from Albania. On appeal, Diveroli challenged his 48 months sentence after he pleaded guilty to one count of conspiracy. Diveroli claimed that his attorney miscalculated his potential sentencing exposure. The court concluded that the district court correctly determined that Diveroli was not entitled to relief. In this case, the record establishes that Diveroli faced overwhelming evidence of guilt and had no valid affirmative defenses. It would not have been rational for Diveroli to reject his plea bargain. Accordingly, the court affirmed the denial of Diveroli's motion to vacation.
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