United States v. Derek Benton

OPINION

CLAY, Circuit Judge.

Defendant Derek Benton appeals his conviction and sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). Benton argues that his prior state conviction for solicitation to commit aggravated assault should not qualify as a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1). Benton also alleges that the district court erred when it declined to allow him to withdraw his guilty plea in order to pursue a suppression hearing.

For the reasons set forth herein, we AFFIRM the decision of the district court.

FACTUAL…