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United States v. Hall

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ARGUED APRIL 13, 2009

Before CUDAHY, POSNER, and TINDER, Circuit Judges.

In 2003, Mark Hall pleaded guilty to one charge of conspiracy to possess with intent to distribute over 50 grams of cocaine base and more than 5 kg of a mixture containing cocaine. See 21 U.S.C. §§ 841(a)(1) and 846. In his written plea agreement, Hall acknowledged that the amount of crack cocaine involved in his offense was more than 1.5 kg. This is important, because the amount of crack involved in the offense controlled his sentence, having triggered the highest offense level he could receive for the controlled substance conviction. Pursuant to his plea agreement, Hall was sentenced in 2006 to 131 months’ imprisonment (one-half of the low end of the Guidelines-recommended range of 262 to 327 months) because of his assistance to the government. See U.S.S.G. § 5K1.1. This was a binding sentencing recommendation, as allowed by Fed. R. Crim. P. 11(c)(1)(C).

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