United States Seventh Circuit

In defendant's prosecution for distributing crack cocaine, denial of his motion to withdraw his guilty plea on the basis of a "mutual mistake," upon learning that his criminal history made him ineligible for a "safety valve" reduction, thereby negating the practical effect of two other reductions the government had agreed to, is affirmed where: 1) the mistake was not about an essential term of the agreement but rather about the possible sentence, which generally does not support the withdrawal of a guilty plea;and 2) the record contradicts defendant's assertion that he was unaware of the consequences of his plea.

Appellate Information

• Decided 03/05/2010
• Published 03/05/2010

Judges

Court

• United States Seventh Circuit

Counsel