United States v. Henry, No. 12-1683 (7th Cir. 2012)
Annotate this CaseHenry pleaded guilty to drug offenses in Iowa state court. He was sentenced to 10 years’ imprisonment, suspended, and 5 years’ probation. The same day, Henry and Parazine drove to the Chicago area. On the way, Henry used his cellular telephone to contact his Chicago-area drug supplier. Henry purchased heroin and cocaine from his supplier, intending to distribute the drugs in Iowa. They were stopped by law enforcement in Illinois. The Iowa court revoked Henry’s probation and sentenced him to 10 years’ imprisonment. Henry was subsequently charged in federal court and pleaded guilty to two counts of using a communication facility to further commission of a drug felony. As part of his plea agreement, he waived the right to appeal any part of his sentence. The district court sentenced him to 96 months’ imprisonment to run consecutive to his undischarged state sentence. The Seventh Circuit dismissed an appeal, rejecting Henry’s argument that his plea was not knowingly given because the district court did not explain that his federal sentence could be consecutive to his undischarged state sentence. The court also rejected a claim that his waiver of appellate rights is ineffective because it stands or falls with the plea.
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