Grzegorczyk v. U.S.

Dist. Ct. did not err in denying defendant's habeas petition that challenged his conviction on charge of possession of firearm in furtherance of crime of violence under 18 USC section 924(c)(1)(A), where defendant had pleaded guilty to said offense as part of written plea agreement with government. Said agreement waived, among other rights, right to "all appellate issues that might have been available if he had exercised his right to trial." While defendant argued that his relevant murder-for-hire conviction did not qualify as violent felony for purposes of his section 924(c)(1)(A) conviction, Dist. Ct. could properly find that: (1) defendant had waived his challenge to his section 924(c)(1)(A) conviction, where he had voluntarily and unconditionally entered into instant plea agreement; and (2) defendant's contention that his murder-for-hire offense is not crime of violence under elements clause of section 924(c) was precluded from consideration on appeal by instant waiver clause. Also, while defendant alternatively argued that his guilty plea was involuntary due to change of law after defendant had entered guilty plea on section 924(c)(1)(A) offense, change in law after defendant had pleaded guilty does not change voluntariness of plea at time it was entered and does not justify defendant withdrawing his guilty plea.