United States v. Fisher, No. 11-6781 (4th Cir. 2013)Annotate this Case
Defendant pled guilty to, among other things, possession of a firearm by a felon and was sentenced to ten years in prison. The law enforcement officer that was responsible for the investigation that led to defendant's arrest and guilty plea admitted to having lied in his sworn affidavit that underpinned the search warrant for defendant's residence and vehicle, where the evidence forming the basis of the charge to which defendant pled guilty was found. The court held that the officer's affirmative misrepresentation, which informed defendant's decision to plead guilty and tinged the entire proceeding, rendered defendant's plea involuntary and violated his due process rights. Accordingly, the court reversed the district court's decision holding otherwise and remanded for further proceedings.
The court issued a subsequent related opinion or order on April 2, 2013.