United States v. McMurray, 653 F.3d 367 (6th Cir. Aug 4, 2011) (It makes no difference that everyone understood McMurray's plea as relating to the facts alleged by the state at the plea hearing. See Savage, 542 F.3d at 967. The Court in Shepard rejected the argument that a defendant's plea necessarily rested on particular facts because those facts are the only ones in the record underlying the charges and the defendant never explicitly disputed them. See Shepard, 544 U.S. at 19, 21"22; Medina"Almaguer, 559 F.3d at 425 (stating, in explaining Shepard, that [w]hat mattered was not how likely it was that Shepard had pleaded guilty to burglarizing buildings (or how unlikely it was that he had pleaded guilty to burglarizing ship[s], vessel[s] or vehicle[s]), but whether the government could produce evidence showing that Shepard necessarily admitted to breaking into buildings when he entered his pleas). We must consider only the facts necessarily admitted by the defendant in pleading guilty even if we are forced to feign agnosticism about clearly knowable facts. Shepard, 544 U.S. at 34"35 (O'Connor, J., dissenting).).

jurisdiction: 
Sixth Circuit

 

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