Whether the maximum penalty is 10 years or life when a defendant pleads guilty to felon-in-possession and waives appeal rights except for exceeding statutory maximum

QUESTIONS PRESENTED 1. Ifa defendant convicted of felon-in-possession charges has three qualifying convictions, the Armed Career Criminal Act (“ACCA”) enhances the maximum penalty from 10 years in prison to life. When Bowen pled guilty to being a felon in possession of a firearm he waived his right to appeal, except for his right to appeal a sentence that exceeded the statutory maximum penalty. He did not agree that the ACCA applied to him. For purposes of his appeal waiver, was his maximum penalty 10 years, or life? 2. Should multiple convictions all sentenced on the same date count as separate convictions under the ACCA when state law would not count them separately to enhance a sentence? 1 STATEMENT OF