United States v. Morris, No. 15-2402 (7th Cir. 2016)
Annotate this CaseMorris pleaded guilty to two counts of distributing heroin. The plea agreement called for the government to make sentencing recommendations: what quantity of drugs should count as relevant conduct, what Morris’s base offense level should be, and whether Morris was entitled to an acceptance-of-responsibility reduction. The government was to recommend a sentence within the guidelines range as determined by the court. The judge determined that Morris’s Guidelines range was 70–87 months after applying a two-level enhancement for possession of a dangerous weapon in connection with a drug offense, U.S.S.G. 2D1.1(b)(1). Morris objected. The plea agreement did not mention a dangerous-weapon enhancement; the government responded that the enhancement was appropriate because agents recovered a handgun from Morris’s residence. The government recommended a sentence at the high end of the Guidelines range calculated by the judge. The judge imposed, and the Seventh Circuit affirmed, an 87-month sentence. There was no breach; the agreement expressly stated that the parties remained free to make sentencing recommendations not mentioned in the agreement. The government satisfied its obligation to recommend a sentence within the Guidelines range calculated by the judge. The handgun that was found in Morris’s residence justified application of the dangerous-weapon enhancement.
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