Pleas & Sentencing – Validity of Plea

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Criminal

7^th Circuit Court of Appeals

Officials: EASTERBROOK, MANION, and SYKES, Circuit Judges

Pleas & Sentencing – Validity of Plea

No. 14-2297; 13-2929; 13-3008 United States of America v. Demettris Cruse, Daniel McClain, and Charles Henderson

Defendants make host of general appeals regarding validity of jury instructions, admission of hearsay, breach of plea agreement and more.

“Henderson also negotiated a plea bargain. He agreed to plead guilty to the conspiracy charge but only to a subset of the drugs listed in the indictment (that is, crack and marijuana but not powder cocaine). In exchange the government would recommend the mandatory minimum sentence. Henderson pleaded guilty pursuant to this agreement and the court imposed the recommended sentence. But the government neglected to file an information narrowing the charged drug types as contemplated by the plea agreement. Henderson argues that this mistake undermines the validity of his plea. We disagree. Henderson understood the charge against him and the possible penalty, and the judgment conforms precisely to the terms of the agreement. We see no reason to unwind the plea. A jury found Cruse and McClain guilty. They argue that the trial was contaminated by a host of errors: two Batson violations, improperly admitted hearsay, and two faulty jury instructions (one about the distinction between a buyer-seller relationship and a conspiracy, and the other about the scope of coconspirator liability). McClain also claims that the evidence was insufficient to convict him. Only one of these arguments merits relief, and only with respect to one defendant: the absence of a buyer-seller instruction violated Cruse’s right to a fair trial, so we vacate his conviction and remand for retrial. The judgments against Henderson and McClain are affirmed.”

Affirm Judgments against Henderson & McClain

Vacate Judgment against Cruse and Remand for new trial

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.