Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES v. ROTHSTEIN

April 30, 1990

UNITED STATES OF AMERICA
v.
HAROLD A. ROTHSTEIN


Brian Barnett Duff, United States District Judge.


The opinion of the court was delivered by: DUFF

BRIAN BARNETT DUFF, UNITED STATES DISTRICT JUDGE

 On May 9, 1988, Harold Rothstein appeared before Judge Nicholas J. Bua of this district and entered pleas of guilty to one count of wire fraud and one count of fraudulent use of a credit card, in violation of 18 U.S.C. § 1343 (1982) and 15 U.S.C. § 1644(a), respectively. Rothstein came to court with counsel. As part of a plea agreement which Rothstein signed in open court, Rothstein acknowledged that he was pleading guilty freely and voluntarily. He stated further that he was guilty of the two charges, and that no one had made promises to him other than those in the plea agreement in order to induce him to plead guilty. The government's chief promise to Rothstein was to dismiss the original indictment against him. The government expressly reserved the right to recommend a sentence, which had the potential of being fifteen years imprisonment and a $ 251,000 fine.

 Judge Bua reviewed these elements of the plea agreement with Rothstein in open court, and Rothstein reaffirmed his understanding of each of them. Rothstein acknowledged his guilt and the court's power to sentence him to the maximum term described above. Rothstein was bothered by one matter, however. At the time of his plea hearing, Rothstein faced the possibility that the U.S. Parole Commission would revoke his parole on an earlier conviction. When Judge Bua asked Rothstein whether he believed he would get credit for the time which Rothstein was serving pending sentencing, Rothstein interrupted, and expressed his understanding that "the time is running concurrent, and, therefore, protects me from any consecutive sentence to my original sentence. . . ." Judge Bua acknowledged the government's representation that Rothstein would receive credit for time served pending sentencing, then continued:

 
THE COURT: Other than that, has your attorney made any promise to you in any other phase of the sentencing?
 
ROTHSTEIN: No, sir.
 
THE COURT: Very well. Has any person assured you or led you to believe that you would be placed on probation or be given a light sentence in return for your plea of guilty?
 
ROTHSTEIN: No, sir.
 
THE COURT: Has any person used any threats, force, pressure or intimidation to make you plead guilty?
 
ROTHSTEIN: No, sir.
 
THE COURT: Finally, is this plea of guilty voluntarily made and of your own free will and accord?
 
ROTHSTEIN: Yes, your Honor.

 Plea Hearing Transcript 9-10.

 Rothstein appeared before this court for sentencing on June 10, 1988, again with counsel present. The government recommended that the court impose a prison term of fifteen years. Rothstein's counsel urged the court to put Rothstein in a treatment program. The court ended up sentencing Rothstein to five years imprisonment followed by five years probation. Neither counsel, however, questioned the impact of the court's sentence on Rothstein's existing parole. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.