United States v. Warren, No. 10-1598 (3d Cir. 2011)Annotate this Case
The defendant accepted a guilty plea on charges of intent to distribute cocaine; the government agreed not to file an information to increase the penalty based on prior conviction (18 U.S.C. 851). The Third Circuit affirmed the sentence of 248 months. Although the Miranda warning, as recited to the defendant, did not explicitly refer to the defendant's right to stop the interrogation and obtain counsel at that time, it adequately conveyed the substance of the defendant's rights. The government did not breach the plea agreement. The defendant argued for application of the sentencing guidelines for powder cocaine offenses, but was properly sentenced within the range for crack cocaine and as a career offender.