Witham v. United States, No. 21-6214 (6th Cir. 2024)
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The case involves two separate appeals by Brian Witham and Michael Savage, both of whom pleaded guilty to various federal crimes, including one count each of using, carrying, and brandishing a firearm in relation to a crime of violence under 18 U.S.C. § 924(c). As part of their plea deals, the government dismissed additional charges under the same statute. Later, both Witham and Savage sought to vacate their § 924(c) convictions, arguing that their offenses did not constitute "crimes of violence" in light of a subsequent Supreme Court ruling in United States v. Davis.
In the lower courts, both Witham and Savage's motions to vacate their § 924(c) convictions were rejected. The courts reasoned that they had procedurally defaulted their claims by failing to raise them on direct appeal. The courts also held that their claims of actual innocence of the attempted bank extortion/firearm charge did not excuse the default because they could not show their innocence with respect to the other dismissed firearms charges.
The United States Court of Appeals for the Sixth Circuit affirmed the lower courts' decisions. The court held that a defendant who has accepted a plea bargain may not collaterally attack his conviction unless he can show that he is actually innocent of equally or more serious charges dismissed as part of the bargain. Because Witham and Savage's plea agreements both involved the dismissal of § 924(c) charges, and because neither of them has shown actual innocence of the dismissed charges, the court ruled that their procedural defaults could not be excused.
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