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U.S. v. HOWARD

No. 02-3456.

341 F.3d 620 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus HOWARD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 22, 2003.

Attorney(s) appearing for the Case

Ruth Hennage (argued), Office of the U.S. Attorney, South Bend, IN, D. Doug Petrovic, Office of U.S. Attorney, Hammond, IN, for Plaintiff-Appellee.

Daniel E. Radakovich (argued), Morgan & Bley, Chicago, IL, for Defendant-Appellant.

Before CUDAHY, EVANS, and WILLIAMS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

A person claiming to be Marcus Howard entered into an agreement with the government under which he pled guilty to attempting to distribute more than 50 grams of crack cocaine. He was hoping for a sentence of 10 years or less, a calculation based in part on the fact that "Marcus Howard" had no criminal record. The person who said he was Marcus Howard, however, was really Terrell Brown, who had a checkered past including convictions...

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