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United States v. Savage

decided: November 22, 1989.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
MARK SAVAGE, DEFENDANT-APPELLANT



Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 88 CR 13--James T. Moody, Judge.

Coffey, Ripple and Manion, Circuit Judges.

Author: Coffey

COFFEY, Circuit Judge. Mark Savage was named in Count 1 of a five count indictment, charging that "Eduardo Gonzalez, Steven Riley, Chris Rhodes, Mark Savage, and Larry Lockhart, defendants herein, did unlawfully, willfully, and knowingly conspire with each other and with others" to knowingly and intentionally distribute, and possess with intent to distribute, cocaine, in violation of 21 U.S.C. ยง 846. Savage initially entered a plea of not guilty, but before trial entered into a plea agreement. He appeals from the judgment and sentence imposed. We affirm.

The plea agreement was specific as to the acts to which Savage was pleading guilty. Paragraph 9(a) of that agreement read:

I will plead guilty to Count 1 of the five-count indictment, which count charges me with conspiracy to knowingly and intentionally distribute and to possess with intent to distribute cocaine in violation of Title 21, United States Code, Section 846; I agree with the government that a conspiracy existed among several individuals to distribute cocaine between the period of November 10, 1987 through January 22, 1988; I also agree that throughout this period of time I conspired with at least one of these individuals to distribute cocaine and that these individuals were responsible for all the following distributions of cocaine; I further agree, however, that I only participated in and knew of Act #3 as listed below; nonetheless, I agree with the government that I could have reasonably foreseen that each Of the other acts listed below would have been committed by these other individuals;

Date Amount Purity Location

1. November 11, 1987 7 grams 84% Northern District

of Indiana

2. November 18, 1987 28.1 grams 94% Northern District

of Indiana

3. December 4, 1987 28 grams 92% Northern District

of Illinois

4. January 6, 1988 132 grams 90% ...


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