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Judges order man sentenced under original plea agreement

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The District Court committed a legal error when it withdrew a defendant’s guilty plea on his behalf instead of allowing the defendant the choice to stand by the plea or withdraw it, ruled the 7th Circuit Court of Appeals.

Juan Carlos Adame-Hernandez sold cocaine and was a source of the drug distributed by the Mockabee organization referenced in a separate opinion released Monday by the 7th Circuit. Hernandez entered into a plea agreement Jan. 3, 2011, in which he would be subject to a base level of 38. The parties agreed that he should be sentenced to 204 months in prison, followed by supervised release and a fine.

The presentence investigation report said that Hernandez was responsible for more than 150 kilograms of cocaine, a number he objected to. Six months after the guilty plea, the prosecutor claimed that Hernandez objected to the base level offense stipulated since he disputed the amount of drug attributed to him, and that this is grounds to find a breach of the plea agreement.

Judge Sarah Evans Barker found this position to be a breach, withdrew his guilty plea and set the matter for trial because the sentence was not consistence with other sentences given out to defendants in similar situations.  A grand jury indicted him again, with the counts being the same as alleged previously. Hernandez attempted to have his original plea reinstated, but when that failed, he agreed to plead guilty again. This time he was sentenced to 300 months in prison on two counts.

In United States of America v. Juan Carlos Adame-Hernandez, 12-1268, the 7th Circuit ordered the District Court to allow Hernandez to maintain his original guilty plea and be sentenced under its terms.

Once the judge accepted his guilty plea, the conditions under which the plea may be withdrawn are governed by Rule 11 of the Federal Rules of Criminal Procedure. Nothing in that rule authorizes the court to withdraw the defendant’s guilty plea for him. It can reject the plea agreement but then must give the defendant an opportunity to withdraw the plea or stand by it. That did not occur in this case.

Neither the government nor the District Court had the authority to subject him to the same indictment again, the judges ruled.

“Our holding is an exceedingly narrow one, and pertains only to cases in which a defendant pleads guilty after the district court has already accepted a guilty plea to charges that, on the face of the indictment or other charging document, are identical to those the defendant pleads to in the later proceeding. This case fits well within the exception to the general waiver rule already recognized in (Menna v. New York, 423 U.S. 61 (1975)) and (Blackledge v. Perry, 417 U.S. 21, 31 (1974)), and a guilty plea will still act to bar typical objections against the district court’s handling of plea agreements and related issues,” Judge John Tinder wrote.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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