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Criminal Procedure — waiver

By: WISCONSIN LAW JOURNAL STAFF//January 9, 2012//

Criminal Procedure — waiver

By: WISCONSIN LAW JOURNAL STAFF//January 9, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Criminal Procedure — waiver

Where the defendant waived his right to appeal his sentence, he cannot challenge the government’s decision not to move for a sentence below the mandatory minimum in exchange for his cooperation.

“[T]he court reminded Kilcrease about the issue of the government’s discretion to decide whether to file a motion for a sentence of less than life in prison. The court asked Kilcrease if he understood the explanation that only the government could make the motion described in paragraph 15 of the plea agreement. Kilcrease responded: “Yes, sir.” Although the exchange after the recess could have been more detailed, we are satisfied that the district court took sufficient care to ensure that Kilcrease understood his choice and reasonably found that he did. The care the district court took to explain the mandatory life sentence and Kilcrease’s repeated assurances that he understood demonstrate that he knowingly and voluntarily entered the guilty plea. See United States v. Quintero, 618 F.3d 746, 751 (7th Cir. 2010); Chapa, 602 F.3d at 868-69; United States v. White, 597 F.3d 863, 868 (7th Cir. 2010).”

Dismissed.

10-3784 U.S. v. Kilcrease

Appeal from the United States District Court for the Central District of Illinois, Mihm, J., Hamilton, J.

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