United States v. Edward Darnell Fondren

Edward Darnell Fondren appeals his sentence after a conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g). He was sentenced to the ■ mandatory minimum of fifteen (15) years under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e). We have jurisdiction over this timely appeal and AFFIRM.

Fondren raises only one issue on appeal. He challenges the validity of a 1985 California state conviction for robbery. The robbery conviction was used as a predicate felony to qualify Fondren for ACCA status. He alleges that his guilty plea in that case was not voluntary because he was erroneously informed about, and relied upon, his eligibility for Youth Authority placement, and that he was not completely informed about his rights to a jury trial and, therefore, did not voluntarily waive those rights. The district court considered Fondren’s arguments and rejected them, holding that the prior plea was constitutionally obtained and considered that conviction in sentencing the defendant under the ACCA.

On May 23, 1994, the Supreme Court decided Custis v. United States, — U.S.-, 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994), which has limited a defendant’s…