U.S. v. Wheeler

Federal 7th Circuit Court
Criminal Court
Waiver
Citation
Case Number: 
No. 16-3435
Decision Date: 
May 19, 2017
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

Defendant waived his appeal that sought to set aside his guilty plea to charges of attempted robbery under Hobbs Act and use of firearm during commission of Hobbs Act offense, where terms of guilty plea did not reserve any issue for appeal. While defendant argued that he was not guilty of charged Hobbs Act offense because attempted robbery is not crime of violence under either residual or elements clause, Ct. instead found that waiver applied, since defendant’s argument that indictment did not charge section 924(c)(1) offense should have been raised in pretrial motion under Rule 12(b)(3)(B)(v). Moreover, defendant did not contend that he had any constitutional immunity from prosecution, and defendant’s issue as to whether attempted Hobb’s Act robbery satisfied elements clause in section in section 924(c) is statutory issue, which was subject to waiver in plea agreement.