United States of America v. David Craig Milam

Wilmington, North Carolina, criminal Defense lawyer represented the Defendant charged with possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1).



David Milam, the leader of the Aryan Kings, a White supremacist group, pleaded guilty on August 13, 2019, to possession of a firearm by a felon, in violation of 18 U.S.C. § 922(g)(1). Then, on January 15, 2020, he pleaded guilty to conspiracy to distribute methamphetamine and heroin and to possession with intent to distribute methamphetamine and heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1). And finally, on June 7, 2023, he pleaded guilty to assaulting persons assisting federal officers in performance of their official duties, in violation of 18 U.S.C. § 111(b). In a single sentencing hearing, the district court imposed a downward variant sentence of 300 months' imprisonment for all three convictions.



Milam sought authorization to withdraw his first two guilty pleas because, as he discovered after pleading guilty, the government's production of discovery included a copy of the search warrant and supporting affidavit that inadvertently omitted every other page. The district court denied his motion, and he now appeals that ruling. He also contends that, during sentencing, the district court erroneously denied him credit for acceptance of responsibility when the government had agreed to it and had not objected to the recommendation in the presentence report that he receive it. Finally, he argues that his 300-month sentence was substantively unreasonable.

Affirmed