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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Once the judge accepted his guilty plea, the conditions under which the plea may be withdrawn are governed by Rule 11 of the Federal Rules of Criminal Procedure.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. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  2. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  3. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  4. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  5. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

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