United States v. Terry Kelly

JERRY E. SMITH, Circuit Judge:

*347 Terry Kelly pleaded guilty of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1) and enhanced per the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924 (e) (2012). As part of his plea agreement, Kelly agreed to an appeal waiver, yet he appeals.

Kelly raises two issues. First, he asserts that the district court plainly erred in applying the ACCA enhancement because he lacks the requisite number of violent felony predicates. Second, he claims that he received ineffective assistance of counsel ("IAC"), resulting in an increased term…