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United States v. Jones

United States District Court, District of South Carolina, Columbia Division

May 6, 2015

United States of America,
v.
Marcus Dewayne Jones, Defendant.

OPINION AND ORDER

CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE

This matter is before the court on Defendant’s motion for reconsideration. ECF No. 150. Defendant seeks reconsideration of this court’s denial of his recent motion to compel. Defendant indicates he was “verbally promised” at his plea hearing that he would receive a “sentence reduction . . . .” Mot. at 5.

Defendant appeared with counsel at a pretrial conference on October 6, 2010. A suppression hearing was pending, but Defendant had been offered a plea agreement. Prior to signing the plea agreement or being placed under oath, the court clarified with Defendant and counsel the plea agreement being offered to Defendant:

Court: And so as I understand it, the plea agreement that has been offered to you basically gives you the benefit of the bargain in the sense that it gives you a plea to a penalty provision that would be the same penalty provision if you were convicted on the substantive charges. Am I right, Mr. Leventis?
Prosecutor: Yes, Your Honor.
Court: So you are getting a plea to a penalty provision that would give you the same benefit that you would have if you went forward on your motion and won. So, I don’t see anything terrible about that.
Defendant: Thank you for making that clear to me now. I have more of an understanding of that. That’s pretty clear.
Court: Do you still want to go forward and enter a plea?
Defendant: Yes, ma’am.
Court: Do you agree that this is your judgment, that you want to do this?
Defendant: Yes.
Tr. of Change of Plea Hrg. at 4-5, ECF No. 93.
Court, counsel, and the Defendant then engaged in the following exchange:
Court: If he does the plea and cooperates and that does amount to substantial assistance, then he can get a downward departure motion filed, which would be to his benefit, and ...

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