U.S. v. Glosser

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 08-4015
Decision Date: 
September 29, 2010
Federal District: 
C.D. Ill.
Holding: 
Vacated and remanded
Dist. Ct. erred in sentencing defendant to 121-month term of incarceration on drug possession charge when Dist. Ct. committed procedural error by announcing to defendant at change of plea hearing that defendant would receive mandatory minimum sentence prior to knowing applicable advisory guidelines range or hearing either party's argument regarding appropriate sentence. Moreover, instant error was not harmless where record suggested that ultimate sentence, which was one month longer than mandatory minimum, but well below applicable 188 to 235 month guideline range, was motivated by earlier promise made at plea hearing.