United States v. Jones, No. 21-3636 (6th Cir. 2022)
Annotate this CasePolice stopped Jones for a traffic violation. Ignoring demands that he step out of the car, Jones sped off, crashed the car, and ran until he was arrested. Police seized an AR-15 and a handgun from the car. Without a plea agreement, Jones pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The court informed Jones of the maximum statutory penalties. Jones claimed he “thought [his] guideline was something different.” The government claimed the Guidelines called for 21-27 months’ imprisonment. Jones’s lawyer argued the range was 12-18 months. Jones was unaware that the court was not bound by those calculations. The court stated that it would use the PSR at sentencing. The PSR recommended 46-57 months’ imprisonment, Jones claimed that if he had known the court could sentence him to more time than the government originally requested, he would have fought the charge or taken a plea deal. The court informed Jones that he could move to withdraw his guilty plea but warned that if it denied the motion, Jones would lose credit for accepting responsibility. The prosecution then asked for a 57-month sentence. Jones went through with his guilty plea. The court sentenced him to 57 months. The Sixth Circuit vacated; the district court did not ensure that the plea was knowing and voluntary.
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