United States v. David Cilla
712 F. App'x 880
| 11th Cir. | 2017Background
- In Oct. 2012 officers searched Defendant David Cilla’s property and home; they found multiple firearms, ammunition, drugs, and drug-paraphernalia. Cilla, a convicted felon, admitted to possessing a firearm.
- A federal indictment charged Cilla with being a felon in possession (18 U.S.C. § 922(g)(1)), possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug-trafficking offense; he pled guilty to the felon-in-possession count pursuant to a written plea agreement and the Government dismissed the other counts.
- The plea agreement included a sentence-appeal waiver but reserved the right to appeal if the sentence exceeded the statutory maximum. The parties and court acknowledged the waiver at the plea colloquy.
- The PSR designated Cilla an Armed Career Criminal under the ACCA based on multiple prior Florida cocaine convictions, leading to a mandatory-minimum 15-year (180-month) sentence; the district court imposed the 180-month mandatory minimum.
- Cilla failed to file a timely appeal; after a successful § 2255 claim that counsel was ineffective for not filing an appeal, the district court resentenced him to 180 months to allow an appeal. He then appealed, challenging the ACCA enhancement under Johnson.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeal is barred by plea appeal waiver | Gov: waiver is enforceable; Cilla knowingly waived appeals | Cilla: Johnson challenge falls within waiver exception for sentences exceeding statutory maximum | Waiver enforceable, but exception applies because ACCA raises statutory maximum from 10 to 15 years; appeal allowed |
| Whether ACCA enhancement improperly applied under Johnson | Gov: ACCA applied based on serious drug offenses, not Johnson residual clause | Cilla: district court relied on now-voided residual clause and thus enhancement is invalid under Johnson | No error: enhancement rested on prior serious drug offenses, which qualify under ACCA; Johnson inapplicable; sentence affirmed |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (2015) (held ACCA residual-clause definition of violent felony is unconstitutionally vague)
- United States v. Jones, 743 F.3d 826 (11th Cir. 2014) (appeal-waiver exception permits challenge where ACCA raises statutory maximum)
- United States v. Smith, 775 F.3d 1262 (11th Cir. 2014) (Florida § 893.13(1) sale/delivery/PWITD convictions qualify as ACCA serious drug offenses)
- United States v. Bushert, 997 F.2d 1343 (11th Cir. 1993) (standards for enforcing plea appeal waivers)