United States v. Hogg, No. 11-6105 (6th Cir. 2013)
Annotate this CaseHogg, charged with possession with intent to distribute 50 grams or more of crack cocaine and possession with intent to distribute an unspecified quantity of cocaine, pled guilty to possession with intent to distribute five grams or more of crack cocaine and was sentenced to 188 months of imprisonment. He sought to withdraw his plea, based on newly-discovered evidence of criminal charges against the prosecution’s lead detective and violation of Fed.R.Crim.P.11(b)(1)(H)-(I) by incorrectly advising him of the penalty range for the offense to which he pled guilty. The court denied both arguments. On appeal, Hogg argued that the government offered him an inducement that was not included in his written plea agreement and that he was entitled to sentencing under the Fair Sentencing Act of 2010. The court had applied provisions in effect at the time he committed his offense. The Sixth Circuit remanded to allow withdrawal of the plea. Neither the court nor counsel correctly anticipated the effect of the new enactment on the statutory penalty range for the offense to which Hogg pled guilty. The court cautioned, “be careful what you wish for,” because in exchange for the deal Hogg wants to reject, he was allowed to plead guilty to an offense involving significantly less crack cocaine than he admitted responsibility for in his agreement.
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