Search

US v. Thompson - ACCA Enhanced Sentence Affirmed on Plain Error Review

The Fourth Circuit affirmed Vinson Thompson's 180-month ACCA-enhanced sentence, rejecting his Erlinger-based challenge that the district court failed to advise him during his guilty plea colloquy of his right to have a jury resolve the 'different occasions' element. The appellate court found plain error under Erlinger v. United States (2024) occurred but held Thompson failed to demonstrate, under the third prong of plain error review, a reasonable probability he would not have entered the plea had he been properly advised.