United States v. Davenport, No. 13-3644 (3d Cir. 2015)
Annotate this CaseDEA agents searched a storage facility that Davenport controlled and found drug paraphernalia, cash, 160 grams of cocaine, and vehicles, including one that contained a loaded pistol. Agents later executed a warrant on Davenport’s residence. Davenport pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine and cocaine base. The plea agreement addressed sentencing recommendations, listed how the Guidelines should apply to Davenport’s conduct, and stated that “none of these recommendations is binding” on the court. During negotiations, the clause “the defendant possessed a firearm” was stricken. Davenport argued that the stricken provision precluded the government from pursuing a gun enhancement; the government claimed that it meant that Davenport no longer stipulated to that fact. At a hearing, Davenport affirmed that he read and understood the agreement and admitted the facts presented. The Probation Office’s calculations included a two-level enhancement for possessing a firearm in connection with the offense and another for obstructing justice, producing a Guidelines range of 235 to 240 months’ imprisonment. The court rejected Davenport’s objections, but varied downward and sentenced him to 199 months. The Third Circuit affirmed and subsequently affirmed denial of his motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, rejecting claims that counsel was ineffective in failing to argue that the government breached Davenport’s plea agreement.by advocating for the gun enhancement.
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