US v. Lubkin: Lubkin, who was a convicted felon, was found in a stolen car with a gun. He was charged with carjacking, discharging a firearm during a crime of violence, and being a felon in possession of a firearm. He pleaded guilty to the felon-in-possession, pursuant to a plea agreement in which the Government agreed to dismiss the other charges. In the agreement it provided for the possibility that Lubkin might qualify for an enhanced sentence under the Armed Career Criminal Act and that he waived his right to appeal “the sentence.” At sentencing, the district court, over Lubkin’s objection, concluded that ACCA applied and sentenced him to 180 months in prison.
Lubkin sought to appeal the district court’s decision, but the Fourth Circuit ultimately dismissed the appeal pursuant to the appeal waiver provision of the plea agreement. Contending that the waiver did not cover his appeal, Lubkin argued (1) the district court’s ACCA designation was erroneous, meaning (2) his sentence is above the applicable statutory maximum of 120 months, and therefore (3) his sentence is “illegal” and not covered by the waiver. The court disagreed, essentially concluding that if it didn’t do so it would create a loophole that would always allow appeals in such cases. Ultimately the question is not what the proper statutory maximum should have been, but what it actually was.
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