USA v. Caldwell, No. 21-10509 (5th Cir. 2022)
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Defendant entered a guilty plea to conspiracy to interfere with commerce by robbery under 18 U.S.C. Section 1951(a) and brandishing a firearm during a crime of violence under 18 U.S.C. Section 924(c). The conspiracy conviction served as the predicate crime of violence for the firearm offense.
Under the terms of the plea agreement, Defendant waived the right to challenge his conviction and sentence on direct appeal or through a collateral attack. However, following United States v. Davis, 139 S. Ct. 2319 (2019), Defendant brought a collateral attack on his firearm conviction under 28 U.S.C. Section 2255, claiming that notwithstanding his waiver, his conviction must be vacated because it was predicated on the residual clause held unconstitutional in Davis.
The Fifth Circuit held that Defendant's plea waiver was valid, and precluded collateral attack, citing Grzegorczyk v. United States, _ U.S. _ (2022) (Kavanaugh, J., respecting the denial of certiorari).
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