United States v. George Lee Mims

INTRODUCTION

In December 1989, Mr. Mims entered a plea of guilty to armed robbery of the Everett Mutual Savings Bank in Everett, Washington. The presentence report revealed the government’s intention to request sentencing of Mims as a career offender, based on his prior felony record, under § 4B1.1 of the Sentencing Guidelines. Shortly thereafter, Mims filed a motion challenging one of the two felony convictions — a 1980 guilty plea to unarmed bank robbery in Florida state court — upon which the government predicated its request for career offender sentencing. The district court denied the motion and sentenced Mims to twenty-five years’ imprisonment, finding him to be a career offender within the meaning of the Sentencing Guidelines, § 4B1.1.

On appeal, Mims argues that the Florida plea was not voluntary both because it was induced by an unfulfilled plea agreement and because he was denied constitutionally adequate representation by his attorney during the course of the plea negotiations. We reject both claims and affirm.

STANDARD OF REVIEW

We will not disturb a district court’s findings as to the voluntariness and the terms of a plea agreement unless they are clearly…