569 F. App'x 447
7th Cir.2014Background
- Bethany pled guilty to conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine; other counts were dismissed.
- District court calculated a potential sentence based on drug quantity and type; Bethany admitted only some facts, and the government agreed to prove amount and type at sentencing.
- Bethany moved to withdraw his plea pre-sentence asserting Rule 11 deficiencies regarding Guidelines and 3553 factors; the court denied.
- At sentencing, the court found at least 280 grams of crack cocaine, set base offense level at 32, and applied multiple enhancements for a total offense level of 42.
- Guidelines range was 360 months to life; the court downwardly departed to 300 months within statutory limits; Bethany appealed challenging plea withdrawal, Alleyne-based mandatory minimum, and ex post facto concerns.
- The court affirmed both conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty plea withdrawal was properly denied | Bethany; Rule 11 not complied with | Bethany; insufficient compliance undermined knowing plea | No abuse of discretion; harmless error |
| Whether Alleyne invalidated the 20-year minimum | Bethany; Alleyne requires jury finding for any minimum increase | State that minimum had no impact on sentence | Inapplicable; sentence did not rely on mandatory minimum |
| Whether ex post facto invalidly applied post-Book guidelines enhancements | Bethany; two enhancements not in effect at offense | State that entire guideline manual applies | No reversible error under Peugh; notive of ex post facto |
Key Cases Cited
- United States v. Redmond, 667 F.3d 863 (7th Cir. 2012) (standard for withdrawal of guilty plea; abuse of discretion review)
- United States v. Mays, 593 F.3d 603 (7th Cir. 2010) (voluntary/knowingly made plea; Rule 11 authority)
- United States v. Cross, 57 F.3d 588 (7th Cir. 1995) (Rule 11 compliance not strictly literal; harmless error standard)
- United States v. Graves, 98 F.3d 258 (7th Cir. 1996) (harmlessness of Rule 11(b) violation; perjury admonitions not dispositive)
- Padilla v. United States, 23 F.3d 1220 (7th Cir. 1994) (perjury admonition harmless error; impact on plea decision)