Sentencing – Voluntary Plea

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7^th Circuit Court of Appeals

Case Name: United States of America v. Daniel O. Lockett

Case No.: 15-2753

Officials: WOOD, Chief Judge, and ROVNER and HAMILTON, Circuit Judges

Focus: Sentencing – Voluntary Plea

Appellant Daniel Lockett asks us to decide whether simultaneous possession of two illegal drugs is one crime or two for Double Jeopardy Clause purposes. Lockett was caught in simultaneous possession of cocaine and heroin. He pled guilty to two counts of possession with intent to distribute a controlled substance, and was sentenced on those counts before anyone noticed a potential double jeopardy issue. On appeal he argues that as a result, his plea was unknowing and his sentence violated the Double Jeopardy Clause. Neither point was raised in the district court. Lockett’s failure to raise the double jeopardy objection before pleading guilty waived that challenge, and we review the closely related challenge to the plea itself only for plain error. We find no plain error on that issue and thus affirm Lockett’s convictions and sentence.

Affirmed

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