United States v. Carson, No. 16-2694 (7th Cir. 2017)Annotate this Case
Challenge to sentencing as an armed career criminal, based on Supreme Court’s holding in “Johnson,” is precluded by waiver in plea agreement. Carson robbed a convenience store by pulling a gun on the cashier. After he was apprehended, he pleaded guilty to Hobbs Act robbery, 18 U.S.C. 1951(a), brandishing a firearm in furtherance of a crime of violence, section 924(c), and possessing a firearm as a felon, section 922(g)(1). He waived his right to appeal, with limited exceptions; the prosecution agreed to recommend a 3-level reduction for acceptance of responsibility and a prison sentence of 272 months, at the low end of the range calculated by the parties based on a shared assumption that Carson would be sentenced as an armed career criminal, 18 U.S.C. 924(e) The district court sentenced Carson to 272 months as an armed career criminal, classifying as violent felonies prior convictions for robbery and armed robbery. The Seventh Circuit dismissed Carson’s appeal, in which he argued that under Johnson v. United States (2010), none of his prior convictions was a violent felony. The appeal waiver in Carson’s plea agreement precluded that argument.