United States of America v. Paul David Mitchell, II

Tulsa, Oklahoma, criminal defense lawyer represented the Defendant charged with two counts of bank rubbery.



In December 2016, a grand jury indicted Mitchell on seven counts for his role in two bank robberies in Tulsa, Oklahoma. Mitchell pleaded guilty to four counts, including one for violating 18 U.S.C. § 924(c) by carrying and brandishing a short-barreled shotgun during and in relation to a crime of violence. In his Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement, Mitchell stipulated to a sentence of 336 months, including 216 months on the § 924(c) count. Mitchell also waived his right to directly appeal his conviction and sentence, except for a sentence exceeding the statutory maximum, as well as his "right to collaterally attack the conviction and sentence pursuant to . . . § 2255, except for claims of ineffective assistance of counsel.” R. vol. 1, 44. By signing and initialing the page with the waiver provisions, Mitchell acknowledged that his counsel "explained his appellate and post-conviction rights,” that he understood his rights, and that he "knowingly and voluntarily waive[d]” his rights.

At sentencing, the district court adopted the PSR in full and concluded that the stipulated 336-month sentence in the plea agreement was reasonable and did not

undermine the statutory purposes of sentencing. It therefore sentenced Mitchell to 336 months in prison and five years of supervised release.



Affirmed