United States v. Worthen
2016 U.S. App. LEXIS 21189
| 7th Cir. | 2016Background
- Worthen, a FedEx driver, and two accomplices traveled to Muscatatuck Outdoors, cased the store, returned, shot and killed owner Scott Maxie during a purported gun trade, and stole 45 firearms and a laptop recording surveillance.
- Police arrested Worthen and his confederates; only four firearms recovered; 36 remain unrecovered.
- A grand jury indicted Worthen on Hobbs Act robbery (18 U.S.C. §1951), conspiracy, causing death while using a firearm (18 U.S.C. §924(j)), and stealing from a federal firearms licensee; Worthen pleaded guilty to Hobbs Act robbery and §924(j) and waived appeal rights in a plea deal that avoided the death penalty.
- District court sentenced Worthen to 10 years for Hobbs Act robbery and 50 years for the §924(j) conviction, totaling 60 years.
- Worthen sought to appeal despite his waiver, arguing Hobbs Act robbery is not a "crime of violence," so his §924(j) conviction is invalid and his 60-year sentence exceeds the statutory maximum for the remaining valid conviction.
Issues
| Issue | Worthen's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Worthen can appeal despite an express appeal waiver | Waiver should not bar appeal because if §924(j) conviction is invalid, his total sentence (60 yrs) exceeds the statutory maximum for the remaining valid conviction (20 yrs) | Appeal waiver was knowing and enforceable; Gibson does not permit collateral merits review to circumvent a waiver | Appeal waived; dismissal granted — did not reach merits |
Key Cases Cited
- United States v. Sines, 303 F.3d 793 (7th Cir. 2002) (appeal waivers are generally enforceable)
- United States v. Smith, 759 F.3d 702 (7th Cir. 2014) (defendant may always contest a sentence that exceeds the statutory maximum despite a waiver)
- United States v. Gibson, 356 F.3d 761 (7th Cir. 2004) (sentence exceeding statutory maximum allows review even with waiver)