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First Circuit Holds Guilty Pleas Binding Despite Misunderstanding of Sentencing Scheme as a Result of United States v. Booker
In United States v. Sahlin, 399 F.3d 27 (1st Cir. Feb 22, 2005), the First Circuit held that the U.S. Supreme Court's recent decision in United States v. Booker, 125 S. Ct. 738 (2005), which rendered the federal sentencing guidelines advisory, provided no basis to permit a defendant who has pled guilty to withdraw his plea on the basis that the plea was involuntary.
In 2004, the defendant pled guilty to a superseding information charging him with bank robbery and use of a semi-automatic weapon during a crime of violence. Use of the semi-automatic weapon carried a mandatory minimum 10-year consecutive sentence, and the Guideliness' range for the bank robbery count, given the defendant's history, was 33 to 41 months. The court ultimately departed upward on the bank robbery charge to 120 months and imposed the mandatory minimum sentence of 120 months for the gun charge, yielding a total sentence of 20 years.
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