United States v. Reeves, No. 11-2328 (7th Cir. 2012)
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Reeves was arrested for his role in a heroine distribution ring. Prior to trial, the government informed the court and Reeves that it would seek an enhancement (21 U.S.C. 851) of any sentence resulting from a guilty because Reeves had, in 2004, pleaded guilty in Illinois state court to possession and sale of cocaine. He was convicted under 21 U.S.C. 841, 846, and 843. Reeves objected to the enhancement, claiming ineffective assistance of counsel on the ground that the attorney representing him during his 2004 guilty plea did not inform him that a guilty plea could be used against him later to trigger a statutory sentencing enhancement in federal court. The court applied the enhancement and sentenced Reeves to 25 years in prison to run concurrently with a separate, lesser sentence of 8 years. The Seventh Circuit affirmed. It was not unreasonable for Reeves’ attorney in the 2004 proceedings to fail to advise his client that a guilty plea could result in a later sentencing enhancement for a future crime.
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