United States v. Archie, No. 13-4159 (4th Cir. 2014)Annotate this Case
Defendant appealed his conviction after pleading guilty to several charges stemming from an armed robbery. The court concluded that the district court did not err in sentencing him under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The court concluded that, notwithstanding the Government's concession during oral argument that defendant's sentence would not be different under Alleyne v. United States, the court denied his claim because it falls short within the scope of the valid appeal waiver. Further, the Government presented sufficient evidence to find that the third-degree robbery conviction in fact exists when the district court relied on three appendices which provided consistent accounts of defendant's conviction for third-degree robbery. There is no prohibition on secondary records simply because they may contain discrepancies regarding a prior conviction. Accordingly, the court affirmed the judgment.