United States Seventh Circuit

Vacatur of defendant's guilty plea and sentence for manufacturing, possessing, and possessing with intent to distribute methamphetamine is vacated, and writ of mandamus issued ordering reinstatement of that sentence, where: 1) jeopardy had attached at sentencing, creating the possibility of a double-jeopardy challenge if the government subjected defendant to a new trial and therefore making the normal appeal process an inadequate remedy; 2) release of defendant pending re-trial, and the possibility of acquittal at a second trial, constituted irreparable harm; 3) the district court erred in applying Fed. R. Crim. P. 35(a) to correct its own alleged errors in sentencing defendant; and 4) the district court violated Fed. R. Crim. P. 11(e) by setting aside defendant's guilty plea.

Appellate Information

• Argued 02/15/2008
• Decided 08/20/2008
• Published 08/20/2008

Judges

• WOOD, Circuit Judge., Before FLAUM, WOOD, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas Edward Leggans (argued), Office of the United States Attorney, Benton, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Gene Gross (argued), Reed, Heller, Mansfield & Gross, Duquoin, IL, Susan Gentle, St. Louis, MO, for Defendant-Appellee.