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United States of v. Corey Webster

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SUBMITTED NOVEMBER 17, 2010-

Before COFFEY, FLAUM, and RIPPLE,Circuit Judges.

Corey Webster pleaded guilty to distributing heroin, see 21 U.S.C. § 841(a)(1), after making a single sale in January 2008. Prior to the plea colloquy, the government had filed an Information to enhance the maximum prison term from 20 to 30 years and the minimum term of supervised release from 3 to 6 years based on a “prior conviction” for a felony drug offense. See 21 U.S.C. §§ 841(b)(1)(C), 851(a). That prosecution by Wisconsin authorities arose from another heroin sale occurring several days before the current offense. Webster, though, did not plead guilty in state court until November 2008-11 months after he committed the federal crime-and in fact he was still waiting to be sentenced in state court when the district court sentenced him in this case to 151 months in prison and 6 years of supervised release.

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