U.S. v. Davis

Federal 7th Circuit Court
Criminal Court
Guilty Plea
Citation
Case Number: 
No. 13-1978
Decision Date: 
August 1, 2014
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant’s motion to withdraw his guilty plea to conspiracy to distribute crack cocaine, even though defendant asserted that govt. breached terms of his plea agreement regarding ceiling on amount of drugs attributed to defendant as relevant conduct. While record showed that during sentencing hearing defendant continued to deny all offense conduct attributed to him in presentence report in contravention to plea agreement, and that govt. urged Dist. Ct. to find greater drug quantity than amount set forth in presentence report due to defendant’s denial, Ct. found that defendant could not withdraw his guilty plea, since defendant received all benefits contained in plea agreement when govt. ultimately stipulated to drug quantity contained in presentence report.