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UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA


ROCKINGHAM DIVISION

UNITED STATES OF AMERICA


:
v.

No. 3:11CR111-1

:
:

John Doe

MOTION TO ENFORCE PLEA AGREEMENT, OR


ALTERNATIVELY, TO WITHDRAW PLEA AND CONTINUE CASE
NOW

COMES

THE

DEFENDANT,

by

and

through

counsel,

and

respectfully moves this Court to enforce the Plea Agreement in


this case at sentencing or alternatively, pursuant to Federal
Rule of Criminal Procedure 32(d),

for leave to withdraw his

guilty plea and continue his case.

In support of this Motion,

the Defendant states as follows:


1)

Defendant was indicted on November 25, 1994, in one

count charging a violation of 18 U.S.C. 922(g)(1).


2)

In due time defendant entered into a Plea Agreement,

filed with this court, which provided for a maximum imprisonment


of ten (10) years.
3)

At the Rule 11, Fed. R. Crim. P. colloquy, the defendant

was informed by the court that the maximum possible imprisonment


provided by law for his offense was ten (10) years.
4)

It was further stipulated by the parties at the Rule 11

hearing that the enhanced penalty provisions of the Armed Career


Criminal Act, 18 U.S.C. 924(e), providing for minimum term of
imprisonment of fifteen (15) years and maximum of life, would
not apply in this case.

5)

Thus, the defendant entered his guilty plea with the

understanding that he faced a maximum imprisonment of ten (10)


years.
6)

Since entry of the guilty plea in this case, the

Probation

Officer

identified

preparing

predicate

the

convictions

Presentence
which

could

Report

has

subject

the

defendant to enhanced penalties provided in 18 U.S.C. 924(e).


WHEREFORE,

the

defendant

moves

that

the

sentencing

provisions of the Plea Agreement and stipulation be specifically


enforced in this case, United States v. Johnson, 973 F.2d 857
(10th Cir. 1992), or alternatively, under Rule 32(d), Fed. R.
Crim. P., that he be allowed to withdraw his plea and that his
case

be

continued

for

trial.

Should

the

court

refuse

to

sentence the defendant as provided in the Plea Agreement, it is


only fair and just that the defendant be allowed to withdraw his
plea since it was not knowingly and intelligently entered, his
not having been advised of the maximum possible imprisonment for
his offense.

(United States v. Hourihan, 936 F.2d 508, 509-11

(11th Cir. 1991)


Respectfully submitted this ___ day of February, 2004.
WILLIAM E. MARTIN
Federal Public Defender

_____________________________
GREGORY DAVIS
Assistant Federal Public Defender
North Carolina State Bar #7083
P. O. Box 400
Greensboro, NC 27402
2

(910) 333-5455

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing was served
upon Mr. Cliff Barrett, Assistant United States Attorney for the
Middle District of North Carolina, 324 W. Market Street, P. O.
Box 1858, Greensboro, North Carolina, 27402, by hand delivery or
by mailing a copy of the same.
This the ____ day of February, 2004.

_________________________________
GREGORY DAVIS
Assistant Federal Public Defender

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