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01-4325 Berkey v. U.S.

By: dmc-admin//February 17, 2003//

01-4325 Berkey v. U.S.

By: dmc-admin//February 17, 2003//

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“Berkey must establish through objective evidence that a reasonable probability exists that he would have gone to trial. McCleese v. United States, 75 F.3d 1174, 1179 (7th Cir. 1996). Berkey has offered no evidence that he would have presented had an evidentiary hearing taken place. After the government raised this issue in its brief, Berkey, in his reply brief, simply ignores it, pointing to no evidence he would have produced if the court had held an evidentiary hearing.

“Berkey additionally contends his 360 month sentence obtained through the plea bargain was the effective equivalent of a life sentence, which represented the worst case scenario had he gone to trial. But the court specifically warned Berkey that he faced, at minimum, a range of 235 to 290 months if found to have a Category I criminal history. The court then explained how his sentence could increase as the criminal history went up. The appellant acknowledged that he understood this process and understood the potential sentence. To now object to the 360 months’ as unfair fails to consider the unambiguous explanation given to Berkey in open court. Berkey clearly manifested his consent to the terms.”

Affirmed.

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Bauer, J.

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