United States v. Kelly

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Defendant pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1), and enhanced per the Armed Career Criminal Act (ACCA). Defendant alleged that the district court plainly erred in applying the ACCA enhancement and that he received ineffective assistance of counsel. The Fifth Circuit dismissed the appeal as to both claims, holding that defendant's ACCA enhancement claim was barred by his appeal waiver and his ineffective assistance of counsel claim was not ripe for review on direct appeal. View "United States v. Kelly" on Justia Law