U.S. v. Morris

Dist. Ct. did not err in denying defendant’s motion to withdraw his guilty plea to charge of unlawful possession of firearm, where Dist. Ct. sentenced him to 180-month term of incarceration, after finding that defendant qualified for treatment under Armed Career Criminal Act (ACCA), even though anticipated sentencing range in plea agreement indicated that sentencing range was 118 to 235 months instead of actual range of 188 to 235 months. Ct. rejected defendant’s contention that ACCA was unconstitutionally vague, where record showed that defendant had three prior convictions based on incidents that occurred on three separate occasions, and fact that other federal circuit courts have applied ACCA differently did not render said Act unconstitutionally vague. Moreover, fact that plea agreement contained typographical error regarding low end of sentencing range did not entitle defendant to withdraw his guilty plea, since: (1) plea agreement contained language indicating that anticipated sentencing range was not binding on Dist. Ct.; (2) presentence report contained correct sentencing range; and (3) Dist. Ct. emphasized with defendant during plea colloquy that it was not bound by sentencing range contained in plea agreement.