Nature of the Case
To access this section all you need to do is click here and register.
Facts
Mitchell (D) and 22 other defendants were indicted for conspiracy to distribute cocaine. D was charged with one count of conspiring to distribute five or more kilograms of cocaine and with three counts of distribution of cocaine within 1000 feet of a school or playground. D plead guilty to all four counts. D reserved the right to contest the drug quantity attributable to her under the conspiracy count, and the District Court determined that the drug quantity would be determined at her sentencing hearing. Under Rule 11 the Court made inquiries informing D of her offenses and possible punishments with the range of punishment being dictated by the quantities involved and the fact that the government had not proven any quantities against D at that point in time. D was also told that by pleading guilty that she had waived various rights including her Fifth Amendment right. During her sentencing phase evidence was taken regarding the quantities of drug sold by D. D put on no evidence nor did she rebut the evidence presented by the Government. Her counsel argued that three documented sales of two ounces was the only evidence of sufficient reliability to be attributed against D for sentencing purposes. The trial court found against D and gave her a 10-year sentence. The judge also informed D that he held it against D that she did not come forward and testify. The court of appeals affirmed and affirmed that D had waived Fifth Amendment rights by pleading guilty. The Supreme Court granted certiorari.
Support@ bsmsphd.com
Casebriefs Co