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U.S. v. KRAUS

No. 96-2645.

137 F.3d 447 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph A. KRAUS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit

Decided February 9, 1998.

Attorney(s) appearing for the Case

Donna R. Eide (argued), Christina McKee, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

G. Murray Turner (argued), Mulhall, Turner, Hoffman & Coombs, Louisville, KY, for Defendant-Appellant.

Before CUDAHY, FLAUM, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

More than eight years ago, Joseph Kraus pled guilty to distributing cocaine and was sentenced to a prison term of 180 months. Six years later, we vacated that sentence pursuant to 28 U.S.C. § 2255 and returned the case to the district court for resentencing. On remand, the parties negotiated a new plea agreement pursuant to FED. R.CRIM.P. 11(e)(1)(C) providing for a period of incarceration not to exceed 121 months. The district court rejected...

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