USA v. Elisha Drake, No. 11-2687 (7th Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 18, 2014.
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United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 December 18, 2014 Before DIANE P. WOOD, Chief Judge WILLIAM J. BAUER, Circuit Judge JOHN DANIEL TINDER, Circuit Judge No. 11 2687 UNITED STATES OF AMERICA, Appeal from the United States District Court for the Southern District Plaintiff Appellee, of Indiana, Indianapolis Division. v. No. 1:10 cr 00003 SEB KPF 9 ELISHA DRAKE, also known as KELLY, also known as KILLER KEL, Sarah Evans Barker, Defendant Appellant. Judge. O R D E R On December 9, 2014, the government filed in the Southern District of Indiana under Cause No. 1:14 cr 0244 SEB TAB an Information charging Elisha Drake with a cocaine conspiracy in violation of 21 U.S.C. 841(a)(1). Drake and the government entered into a plea agreement and Drake petitioned to enter a plea of guilty. The district court held a Rule 11 proceeding and accepted Drake’s plea of guilty to the Information. We understand the district judge’s acceptance of Drake’s plea as an indication that she is inclined to accept Drake’s Rule 11(c)(1)(C) plea agreement. We accordingly VACATE our judgment entered on August 18, 2014 in Appeal No. 11 2687 and REMAND Cause No. 1:10 cr 3 SEB KPF 9 to the district court so that the court can vacate the judgment of conviction and sentence in that cause and proceed with sentencing in Cause No. 1:14 cr 0244 SEB TAB. Drake’s petition for rehearing is denied as moot.
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