Unted States v. Scott, No. 12-2555 (7th Cir. 2013)
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Scott pleaded guilty to distribution of 50 or more grams of crack cocaine, 21 U.S.C. 841(a)(1). His plea agreement, entered under FRCP 11(c)(1)(C), specified a prison term of 192 months; the district court accepted the agreement and that sentence. Later, Scott filed a motion under 18 U.S.C. 3582(c), seeking a reduction in his sentence based on changes to the U.S. Sentencing Guidelines. The district court denied that motion. The Seventh Circuit affirmed, stating that Scott was not eligible for a reduced sentence. When a plea agreement is governed by Rule 11(c)(1)(C) and accepted by the court, the judge does not play as great a role as usual in selecting the final sentence. Scott chose to accept a binding sentence to induce the government to dismiss a repeat-offender notice that it had filed under 21 U.S.C. 851. Had the government not done so, Scott would have been subject to a 240-month mandatory minimum sentence, 21 U.S.C. 841(b)(1)(A).
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