United States Fourth Circuit

In this case, defendant pleaded guilty to conspiracy to commit access-device fraud, and was released pending sentencing, but six weeks later, he was arrested and charged with numerous other crimes including aggravated identity theft. Throughout the second case, the district judge repeatedly opined that pleading guilty to the second set of charges and consolidating all the charges for sentencing would be beneficial to defendant's interests. Defendant thereafter entered a plea agreement covering the second set of charges, and was sentenced to 212 months' imprisonment. The judgment is vacated and remanded for further proceedings, where the district court impermissibly participated in plea negotiations, committing reversible error.

Appellate Information

• Decided 12/17/2014
• Published 12/17/2014

Judges

Court

• United States Fourth Circuit

Counsel