United States v. Bui, No. 11-3795 (3d Cir. 2014)
Annotate this CaseDEA agents executed a search warrant at multiple Reading-area residences. After his arrest, Bui admitted that they purchased his house to convert it into a marijuana grow factory. Bui was indicted for conspiracy to manufacture more than 1,000 marijuana plants, 21 U.S.C. 846; manufacturing, and aiding and abetting the manufacturing, of more than 100 marijuana plants, 21 U.S.C. 841(a)(1) and 18 U.S.C. 2; using the house to manufacture and to distribute marijuana, 21 U.S.C. 856(a)(1); and manufacturing and distributing marijuana within 1,000 feet of an athletic field owned by the school district, 21 U.S.C. 860(a) and 18 U.S.C. 2. Bui pled guilty to counts one and four in a plea agreement that detailed the statutory sentence ranges and stipulated that the house was within 1000 feet of the athletic field so that Bui’s base offense level should be increased two levels under U.S.S.G. 2D1.2(a)(1). Bui claims that he pled guilty because his counsel stated that he would receive a reduced sentence under the “safety valve.” Bui’s counsel moved (18 U.S.C. 3553(f)), for sentence reduction, but, at the hearing, withdrew the motion because 3553(f) did not apply to section 860. Bui was sentenced to the mandatory minimum of 120 months. In his habeas petition, Bui argued: that his plea was not voluntary or knowing, but induced by counsel’s misrepresentations; ineffective assistance; error in accepting Bui’s guilty plea, because there was no evidence that the athletic field was a school; and ineffective assistance by failing to explain section 860(a). The district court denied relief. The Third Circuit vacated, finding a reasonable probability that, but for counsel’s errors, Bui would not have pled guilty.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.