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Failure to Inform Defendant of Possible ACCA Impact Requires Vacation of Guilty Plea

By Jonathan Byrne

US v. Hairston: Hairston was charged with 31 separate offenses, including 14 felon-in-possession charges and 8 924(c) charges. He entered into a plea agreement by which he pleaded guilty to two of the 924(c) charges, with the other six dismissed, and all the other offenses. The parties agreed that with the application of the 924(c) mandatory sentences, he was subject to a term of at least 30 years in prison. However, prior to sentencing it was discovered that Hairston qualified as an Armed Career Criminal, which subjected him to a term of at least 45 years in prison (30 years on the 924(c) charges plus 15 for any of the felon-in-possession charges). At sentencing, the Government admitted that the parties "overlooked" the possibility of the ACCA applying...continue to full post

Full post as published by Fourth Circuit Blog on April 08, 2008 (boomark / email).