United States v. Lockett, No. 15-2753 (7th Cir. 2017)
Annotate this CaseLockett was arrested while carrying a bag containing individually wrapped bags of heroin and cocaine. He pled guilty to two counts of possession with intent to distribute a controlled substance, 21 U.S.C. 841(a)(1)—one count for the heroin and one for the cocaine. Because of prior felony drug offenses, the advisory Sentencing Guidelines classified Lockett as a career offender. The district court sentenced Lockett to 151 months in prison. The Seventh Circuit affirmed, rejecting claims that his plea was unknowing because it was imposed before anyone noticed a potential double jeopardy issue and that his sentence violated the Double Jeopardy Clause. The court applied plain error review and stated: It is not “clear or obvious” that Lockett committed only one crime.
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