United States v. Ushery, No. 14-5046 (6th Cir. 2015)
Annotate this CaseUshery sold crack cocaine to a confidential informant. When police attempted to arrest Ushery, he escaped in his car, ran red lights, crashed his car, then fled on foot. The pursuing officer retired due to an injury incurred during the chase. Ushery was in possession of small amounts of heroin, crack cocaine, and marijuana. Ushery admitted to swallowing bags of heroin during the pursuit; threatened to kill the arresting officer; and called his girlfriend and asked her to retrieve money from a storage unit. The call was recorded. After obtaining a warrant, the police seized $8,781 in cash, guns, ammunition, and a digital scale. The government filed notice that Ushery had three felony drug convictions. Ushery pleaded not guilty; at rearraignment he again declined to plead guilty, despite his counsel informing the court that Ushery had stated that he would do so. Ushery expressed frustration with his counsel. Instead of adjourning, the court oversaw negotiations. After the government offered to strike the appeal-waiver provision, Ushery pled guilty. The court sentenced him to 252 months, an upward variance of 17 months from the Guidelines range. The Sixth Circuit affirmed, rejecting arguments based on FRCP 11(c)(1)’s ban against judicial participation in plea discussions, that Ushery’s exclusion from a pretrial teleconference violated his right to be present at every critical stage of proceedings, and that his sentence was substantively unreasonable.
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