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United States v. Archie

United States Court of Appeals, Fourth Circuit

November 17, 2014

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
SHERWIN ARCHIE, Defendant - Appellant

Argued: September 17, 2014.

Page 218

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. (7:12-cr-00017-BO-1). Terrence W. Boyle, District Judge.

ARGUED:

Joshua Brian Howard, GAMMON, HOWARD, ZESZOTARSKI, PLLC, Raleigh, North Carolina, for Appellant.

Yvonne Victoria Watford-McKinney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

ON BRIEF:

Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Before GREGORY, AGEE, and KEENAN, Circuit Judges. Judge Agee wrote the opinion, in which Judge Gregory and Judge Keenan joined.

OPINION

Page 219

AGEE, Circuit Judge:

Pursuant to a written plea agreement, Sherwin Archie (" Archie" ) pled guilty to several charges stemming from an armed robbery in Wilmington, North Carolina. Archie does not challenge his conviction or guilty plea on appeal. Instead, he contends that the district court sentenced him in violation of the Sixth Amendment and relied upon insufficient evidence in enhancing his sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (" ACCA" ). For the reasons that follow, we affirm the judgment of the district court.

I.

The facts underlying Archie's conviction are undisputed. On October 19, 2011, Archie entered a Family Dollar store with a firearm and demanded money from the cashier. He fled the scene with $187, but security cameras captured the robbery showing Archie. Several days later, police executed a search warrant on his home where the firearm used during the robbery was recovered. Archie later confessed to the Family Dollar robbery along with an unsolved bank robbery.

A federal grand jury indicted Archie for possession of a firearm by a convicted felon in violation of 18 U.S.C. § § 922(g)(1) and 924 (Counts One and Four); Hobbs Act robbery in violation of 18 U.S.C. § 1951 (Count Two); using and carrying a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c) (Counts Three and Six); and armed bank robbery in violation of 18 U.S.C. § 2113 (Count Five).

In a written plea agreement, Archie agreed to plead guilty to Counts One, Two, and Three of the indictment in exchange for dismissal of the remaining charges. Under the terms of the plea deal, Archie agreed

[t]o waive knowingly and expressly all rights, conferred by 18 U.S.C. ยง 3742, to appeal whatever sentence is imposed, including any issues that relate to the establishment of the advisory Guideline range that is established ...

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