United States v. Bethea, No. 17-3468 (7th Cir. 2018)
Annotate this CaseIn 2014, Bethea used fraudulently obtained credit cards to purchase merchandise at retailers in Wisconsin. Indicted for possessing a counterfeit access device, 18 U.S.C. 1029(a)(1), Bethea agreed to plead guilty. At a combined guilty plea and sentencing hearing, the judge presided from his Madison, Wisconsin courtroom, while Bethea appeared via video conference from Milwaukee because of his health issues and limited mobility. After a plea colloquy, the judge accepted Bethea’s guilty plea and moved to sentencing. The judge acknowledged Bethea’s health as a complicating factor in imposing a sentence but remained bothered that Bethea’s illegal conduct allegedly continued well after his health issues supposedly worsened. Ultimately, the judge sentenced Bethea to 21 months’ imprisonment, at the bottom of the Guidelines range of 21-27 months. The Seventh Circuit reversed. Federal Rule of Criminal Procedure 43(a) required Bethea to be physically present during his plea.
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