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Once the judge accepted his guilty plea, the conditions under which the plea may be withdrawn are governed by Rule 11 of the Federal Rules of Criminal Procedure.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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.