United States v. Monie, No. 16-6244 (6th Cir. 2017)Annotate this Case
Monie was charged with conspiracy to distribute heroin and cocaine, 21 U.S.C. 846 (Count 1); possession with intent to distribute, aided by others, 21 U.S.C. 841(a)(1) and 18 U.S.C. 2 (Count 6); use of a firearm in furtherance of a drug-trafficking crime, 18 U.S.C. 924(c)(1) (Count 7); being a felon in possession of a firearm, 18 U.S.C. 922(g) and the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1) (Count 8). Monie pleaded guilty to Counts 1 and 8 without a plea agreement and was convicted on Counts 6 and 7. Count 8 carried a mandatory-minimum sentence of 15 years and a maximum sentence of life imprisonment. During the plea colloquy, the court erroneously did not state that ACCA carried a mandatory-minimum sentence but erroneously stated that the maximum sentence for Count 8 was 10 years. That 15-year mandatory-minimum sentence affected every aspect of Monie’s sentence. The court sentenced Monie to 15 years each for Counts 1, 6, and 8, to be served concurrently, plus five consecutive years on Count 7. There is no evidence that Monie knew about the mandatory minimum before his plea. The Presentence Report correctly stated Count 8’s penalty range. The Sixth Circuit remanded to allow Monie to withdraw his plea. Monie established that there is a reasonable probability that he would not have pleaded guilty but for the court’s Rule 11 error, and demonstrated that the error affected his substantial rights.