Case: 12-10231 Date Filed: 10/25/2012 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-10231
Non-Argument Calendar
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D.C. Docket No. 3:09-cr-00013-JOF-GGB-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
WILLIAM LEE HUNT,
lllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(October 25, 2012)
Before CARNES, BARKETT and WILSON, Circuit Judges.
PER CURIAM:
The Government’s motion to dismiss this appeal pursuant to the appeal
waiver is Hunt’s plea agreement is DENIED. At Hunt’s change of plea hearing,
the district court did not specifically ask Hunt whether he understood that he was
Case: 12-10231 Date Filed: 10/25/2012 Page: 2 of 2
waiving his right to appeal his conviction as well as his sentence. Furthermore, the
record does not make clear that Hunt understood that he was waiving his right to
appeal his conviction. United States v. Bushert, 997 F .2d 1343, 1350-51 (11th Cir.
1993). Accordingly, we deny the government’s motion to dismiss pursuant to the
appeal waiver in Hunt’s please agreement.
However, Hunt’s conviction is AFFIRMED. Hunt cannot show that, but for
his attorney’s failure to argue for a seven year mandatory minimum at sentencing,
he would not have entered his plea. United States v. Dominguez Benitez, 542 U.S.
74, 83, 124 S.Ct. 2333, 2340, 159 L.E.2d 157 (2004). The plea agreement
informed Hunt that the mandatory minimum sentence was ten years, the district
court at his change of please hearing informed Hunt that the mandatory minimum
was ten years, and Hunt testified at his plea hearing that he understood that ten
years was the mandatory minimum. Further, the district court gave Hunt the
opportunity to speak after this attorney’s agreement to the ten year mandatory
minimum sentence, and Hunt only apologized for his actions. He did not make
any statement that he wished to withdraw his plea, or that his attorney had agreed
to argue for a seven year mandatory minimum.
AFFIRMED.
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