171238P.pdf   04/04/2018  United States  v.  Jeffrey Ritchison
   U.S. Court of Appeals Case No:  17-1238
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Kelly, Author, with Benton, Shepherd, Circuit Judges] 
   Criminal case - Sentencing. Where defendant's motion to vacate was granted 
   under Johnson because his two prior burglary convictions no longer 
   qualified as ACCA predicate offenses, the district court did not err in 
   imposing the 10-year sentence the parties had agreed to under the terms of 
   the original Rule 11(c)(1)(C) plea agreement in the event the ACCA did not 
   apply; the district court had accepted the agreement, which contained the 
   alternative sentences stipulated to by the parties, and there is no 
   provision in the rules that allows the court to reject or modify the 
   agreement, absent fraud on the court; under the circumstances presented, 
   an appropriate correction to the sentence was to enforce the parties' 
   binding agreement, which specifically contemplated the possibility that 
   defendant's criminal history might not trigger the enhanced penalties 
   provided by the ACCA; the doctrine of mutual mistake is not applicable in 
   the context of plea agreements, and even if it was, the court did not err 
   in enforcing the agreement; the district court did not abuse its 
   discretion in weighing and considering the 3553(a) factors in resentencing 
   defendant.