United States v. Pittman, No. 10-2132 (7th Cir. 2011)
Annotate this CaseAn undercover agent purchased crack cocaine and a gun from the defendant. He agreed to participate in a sting operation, but ran from the scene with $2,000 provided by the police for the purchase. After he was arrested and charged with six counts, defendant entered a plea of guilty to one count of cocaine distribution (21 U.S.C. 841) and sentenced to 96 months, significantly below the guidelines range. The government subsequently decided to prosecute the other counts. Defendant entered a plea of guilty and was sentenced to 120 months, the minimum sentence for the most serious offense. The district court rejected a claim of prosecutorial vindictiveness. The Seventh Circuit affirmed. Defendant was warned, in entering his first plea, that he might be prosecuted on other counts.
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