Plea & Sentencing – Collateral-attack Waivers

By: Derek Hawkins//April 13, 2020//

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7^th Circuit Court of Appeals

Case Name: Ralph Oliver, et al. v. United States of America

Case No.: 17-2880; 17-2902

Officials: HAMILTON, BRENNAN, and SCUDDER, Circuit Judges.

Focus: Plea & Sentencing – Collateral-attack Waivers

In 2011, petitioners Ralph Oliver and Ryan Ross pleaded guilty to violating 18 U.S.C. § 924(c) for brandishing a firearm during a “crime of violence”—theft from a federally licensed firearms dealer, 18 U.S.C. § 922(u). In 2016, both filed motions under 28 U.S.C. § 2255 to vacate their § 924(c) convictions. They argued that, after United States v. Davis, 139 S. Ct. 2319 (2019), a violation of § 922(u) no longer counts as a crime of violence. The district court denied relief. We affirm. Express collateral-attack waivers in Oliver and Ross’s plea agreements are valid and bar their challenges to their convictions and sentences.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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