United States v. Corey Winters
2012 U.S. App. LEXIS 18281
| 7th Cir. | 2012Background
- Winters pleaded guilty to conspiracy to possess with intent to distribute large quantities of drugs under 21 U.S.C. § 846, 841(a)(1), and 841(b)(1)(A) with a plea that the government would recommend base offense level 32.
- The PSR later treated Winters as a career offender under § 4B1.1(b), setting his offense level at 37.
- Winters challenged the career-offender status, noting ongoing Supreme Court review of prior fleeing convictions under Sykes; sentencing was postponed while Sykes was decided.
- After Sykes held felony vehicle flight is a crime of violence, the Probation Office updated the PSR again finding Winters a career offender, and sentencing proceeded on Nov. 1, 2011.
- At sentencing the district court overruled Winters’s objection, adopted the 37-level career-offender calculation, and calculated a Guideline range of 262–327 months; the government sought 170 months, Winters requested 72, and the court imposed 165 months.
- On appeal Winters argues the government breached the plea agreement by not advocating a base level of 32; the court holds any breach would be harmless and affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the government breach the plea agreement by not urging base level 32? | Winters argues breach by failing to advocate 32 base level. | Winters contends career-offender rules alter base level; breach occurs if plea terms ignored. | No reversible error; any breach would be harmless. |
| Whether plain error review applies and voids the sentence if breach? | Winters claims plain error affected substantial rights. | Government argues no error or impact; Sykes context does not mandate a lower level. | Plain error not established; sentence affirmed. |
| Whether the district court was required to follow the plea agreement when calculating the Guideline range? | Winters asserts the court must adhere to the base-level 32 per plea. | Government argues guidelines are advisory and court remains bound to correct calculations. | Court must ensure correct guideline calculation, which included 37 as career offender; it would not least likely ignore law. |
Key Cases Cited
- Sykes v. United States, 131 S. Ct. 2267 (2011) (held felony vehicle flight is a crime of violence for career offender purposes)
- United States v. Mankiewicz, 122 F.3d 399 (7th Cir. 1997) (breach of plea agreement not binding if sentence would be same under law)
- United States v. Vrdolyak, 593 F.3d 676 (7th Cir. 2010) (correct calculation of guideline range is required even when guidelines are advisory)
- United States v. Brodie, 507 F.3d 527 (7th Cir. 2007) (plain-error standard in sentencing appeals)
- United States v. States, 652 F.3d 734 (7th Cir. 2011) (plain-error analysis and impact on substantial rights)