The appellant challenges his convictions and sentence in this alleged drug distribution conspiracy case. The district court, though applying the circuit's law correctly at the time, erred in setting out the sentencing range. Although the appellant can point to facts in the record that tend to show that he was generally hesitant about pleading guilty he failed to show any portion of the record supporting the proposition that the maximum sentence he faced affected his plea decision, therefore vacatur is not warranted. The district court's failure to dismiss several counts at sentencing on the government's motion was an abuse of discretion. The district court's judgment is affirmed in part and reversed in part. 5th U.S. Circuit Court of Appeals, No. 12-60005, 08-08-2013.
United States v. Hughes
August 8, 2013