United States v. Davenport, No. 12-3358 (7th Cir. 2013)
Annotate this CaseDavenport showed his gun to his friends at a bar. A bar employee observed him and called the police, and Davenport, a felon on probation, was arrested and charged with violating 18 U.S.C. 922(g)(1). He pleaded guilty and was sentenced as an armed career criminal to 192 months’ imprisonment. Davenport filed a notice of appeal, but his appointed lawyer filed an Anders motion to withdraw. The Seventh Circuit granted the motion and dismissed the appeal. In challenging the voluntariness of his plea, Davenport could not meet the stringent plain-error standard on the record before us. The district court ensured that he understood the charge against him, Fed.R.Civ.P. 11(b)(1), the penalties he faced (from 15 years to life in prison, a fine of up to $250,000, and up to 5 years of supervised release), id. at (H)-(M), and the various trial and appellate rights he was waiving by pleading guilty. The court’s single omission from the list of waived rights was Davenport’s right to testify if he went to trial, but such an oversight does not constitute plain error unless the error actually renders the defendant’s conviction unjust.
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