Defendant pleaded guilty to multiple federal drug and firearm charges pursuant to a plea agreement. As part of the agreement, the government stipulated that the offense level for all counts was 31; however, the presentence report recommended a final offense level of 33 and the district court adopted the PSR’s recommendation. Defendant appealed, arguing that he entered his guilty plea unknowingly because counsel failed to inform him that it included a waiver of his right to appeal an adverse ruling of a § 3582(c)(2) motion, that the trial court did not properly explain the impact the PSR had on sentencing, and that the government breached the plea agreement by failing to object to the PSR’s proposed final offense level of 33. The Seventh Circuit affirmed, finding defendant’s arguments to be unpersuasive and noting that defendant faced a high hurdle to establish that the outcome of sentencing would have been different where the district court imposed a below-guidelines sentence. (HAMILTON and MALDONADO, concurring)
Federal 7th Circuit Court
Criminal Court
Sentencing