United States v. George Windley

MEMORANDUM

George Calvin Windley appeals his conviction and 180-month sentence following a guilty plea to conspiracy to engage in sex trafficking, in violation of 18 U.S.C. §§ 1594 (c), pursuant to a written plea agreement. We affirm the conviction, vacate the sentence and remand for resen-tencing on an open record.

1. Windley argues that his plea was not knowing and voluntary because the district court misadvised him about the terms of his plea agreement and his entitlement to three points for acceptance of responsibility under U.S.S.G. § 3E1.1. Because Windley failed to challenge the validity of his plea in the district court, we review for plain error. See United States v. Sanders, 41 F.3d 480, 487 (9th Cir.1994). Windley has failed to show that the district court’s error affected his substantial rights. The district court awarded Windley two of the possible three points. Windley’s counsel acknowledged at sentencing that any argument about Windley’s entitlement to the third point was “really somewhat of an academic exercise” because the plea agreement called for a sentence of 8 to 15 years. Moreover, Windley has failed to show “a reasonable probability that, but for the…