The Eleventh Circuit Board

BNB Quiz Question:

1. True or False: If the firearm you unlawfully possess is also concealed in violation of state law, you can receive a four-level enhancement to your guideline calculation for possessing the firearm in connection with another felony offense?

2. In federal court, which of the following is the most important factor when a person tries to withdraw his guilty plea? A. Whether he regrets their decision, B. Whether he had close assistance of counsel and entered the plea knowingly and voluntarily, C. Whether the sentence ended up being harsher than expected, and D. Whether new evidence was discovered after the plea?

3. In a sentencing hearing or post-conviction motion, does the helpful 2025 amendment to the minor-role guideline apply retroactively?

Eleventh Circuit Opinions:

A fellow named Irons pleaded guilty to unlawfully possessing a firearm as a convicted felon under 18 U.S.C. § 922(g). Police officers recovered a firearm from the “distinctive white and multi-colored fanny pack” he had been wearing around his waist. Unfortunately, because Mr. Irons had been wearing the firearm in a fanny pack, he was also charged with a felony under Florida law for carrying a concealed weapon, and that led to more consequences in federal court. The district court applied a four-level enhancement to Irons’ guideline calculations, finding that he had possessed a firearm in connection with another felony offense: carrying a concealed weapon. U.S.S.G. § 2K2.1(b)(6)(B). Is carrying a concealed weapon “another” felony offense from unlawful possessing the same firearm? Yes, held the Eleventh Circuit in US v. Irons. A person commits “another” offense when the offense is “different or distinct” from the offense of conviction. Here “the additional element of concealment makes a concealed-carry violation different from—and more serious than—the possession prohibited by section 922(g).” But how is it that the firearm “facilitated” Irons’ unlawful concealment? Many times, this enhancement is applied when the firearm potentially emboldened one to commit an offense, or when the firearm could have been used to complete an offense. Here, the unlawful possession of the firearm “would not have been possible” without the firearm” and “form[ed] an ‘integral part’ of it.” The panel sensed that this rationale might be puzzling to some, so it noted that “a firearm need not contribute to a crime in the ‘expected manner.’” [By Melissa McGrane].

A lot of people think a guilty plea is like a bad contract where you can just back out if you regret it. However, federal law treats guilty pleas very differently. Once you plead guilty, you are locking yourself into sworn statements made in open court, and judges are extremely reluctant to undo that decision. The main character in US v. Mullings tried to withdraw his plea after his bond was revoked, arguing that his lawyer pressured him and that he did not fully understand what he was doing. The district court denied the motion. On appeal, the Eleventh Circuit panel affirmed because Mullins had two attorneys, was given time to think through his decision, and clearly affirmed his understanding and willingness to plead guilty during the hearing. To withdraw a guilty plea, a person must show a “fair and just reason,” per Federal Rule of Criminal Procedure 11(d), but courts apply that standard narrowly. They focus primarily on whether the defendant had effective legal counsel and whether the plea was entered knowingly and voluntarily. Claims of pressure from an attorney rarely succeed because strong legal advice is not the same as coercion, and credibility disputes almost always favor the attorneys, especially when contradicted by the client’s earlier sworn statements. Timing also matters in these cases. When a person waits to withdraw a plea until after something goes wrong, such as losing a bond hearing or facing a harsher sentence than expected, courts often view it as “buyer’s remorse” rather than a legitimate claim. The takeaway is simple. If a guilty plea is entered knowingly and voluntarily, courts will almost always hold the client to it. [By Jordan Singleton].

Three fellows were arrested by the US Coast Guard off the coast of the Dominican Republic with 375 kilograms of cocaine. They were convicted under the Maritime Drug Law Enforcement Act (MDLEA) and received sentences ranging from 96 to 144 months in prison. On appeal, one of the three appealed the district court’s finding that he did not qualify for a minor role reduction and argued that the 2025 amendment to the minor role guideline (which arrived while he was already in the appeals court) should apply to him retroactively. In US v. Martinez, the panel disagreed and applied the old version of the guideline, plus the old rule in US v. Rodriguez De Varon, 175 F.3d 930, 937 (11th Cir. 1999). The panel held that the amendment was substantive and not clarifying, so it did not apply retroactively. However, the logic the panel applied here is useful. The amendment altered the text of § 2D1.1 and expanded the circumstances where mitigating role applies in drug cases. To the extent the amendment makes the involvement of other participants irrelevant to the analysis, it abrogates prior precedent (including Rodriguez De Varon). Although these changes did not help this fellow, the opinion is a helpful citation for our arguments that mitigating role should be applied more often in drug cases and that Rodriguez De Varon, which the government still loves to cite, no longer controls. [By Michelle McIntyre].

Quiz Answers:

1. True. If the firearm you unlawfully possess is also concealed in violation of state law, you’ll receive a four-level enhancement for possessing the firearm in connection with another felony offense.

2. The most important question in a motion to withdraw a guilty plea is “B. Whether the defendant had close assistance of counsel and entered the plea knowingly and voluntarily.”

3. The recent amendment to the minor-role guideline was substantive and not clarifying, so it does not apply retroactively to people sentenced before November 2025.