United States of America v. Dehaven Darnell Craig

Martinsburg, West Virginia criminal defense lawyer represented the Defendant who was charged with one count of unlawful possession of a firearm under 18 U.S.C. § 922(g)(1).



The Defendant entered into a plea agreement with the Department of Justice but claimed that the Government breached the parties' plea agreement by successfully seeking two Sentencing Guidelines enhancements based on facts outside the agreement's stipulated-to relevant conduct provision



The government counters that the plea agreement never purported to encompass the entirety of Craig's relevant conduct but merely sought to establish facts to support Craig's guilty plea. The government further contends that its reservation of its right to provide the sentencing court with information concerning the charges in the indictment, as well as its duty of candor to the court, permitted it to seek the enhancements.



The government and Craig reached a plea agreement. Craig would plead guilty to the gun charge. In exchange, the government would drop the drug charges, move for a two-level reduction for acceptance of responsibility, and recommend a sentence within the Guidelines range.

The Court sided with the Government and sentenced him to 100 months in prison.



Vacated and remanded.