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U.S. v. BENJAMIN

No. 96-4218.

116 F.3d 1204 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Phillip B. BENJAMIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 3, 1997.

Attorney(s) appearing for the Case

Kit R. Morrissey (argued), Office of the United States Attorney, Fairview Heights, IL, for plaintiff-appellee.

Lawrence Fleming (argued), Renee E. Schooley, Office of the Federal Public Defender, East St. Louis, IL, for defendant-appellant.

Before CUMMINGS, FLAUM and EVANS, Circuit Judges.

FLAUM, Circuit Judge.

Indicted on seven counts related to his distribution of crack cocaine, Benjamin pleaded guilty to all but two. He chose to contest the count that charged him with carrying a gun in violation of 18 U.S.C. § 924(c) and the count that charged him with conspiracy to distribute crack cocaine in violation of 21 U.S.C. § 846. This strategy was understandable, for a conviction under section 924(c) would mandate a five-year increase in his sentence...

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