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U.S. v. MITCHELL

No. 92-3903.

18 F.3d 1355 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory MITCHELL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1994.

Rehearing Denied May 3, 1994.

Attorney(s) appearing for the Case

Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Gregory T. Mitchell (argued), Office of U.S. Atty., Chicago, IL, for plaintiff-appellee.

Standish E. Willis, Chicago, IL (argued), for defendant-appellant.

Before COFFEY, FLAUM, and KANNE, Circuit Judges.

FLAUM, Circuit Judge.

In this case Gregory Mitchell ("Defendant") originally entered a plea of guilty to the charges of conspiracy to distribute cocaine, 21 U.S.C. § 846, and agreed to be sentenced as a "career offender" as defined in the United States Sentencing Guidelines ("U.S.S.G.") § 4B1.1. However, at the sentencing hearing Defendant changed his mind, disputing his career offender status on the ground that his December 1984 heroin conviction was an...

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