Argued November 9, 2015
Appeal from the United States District Court for the Central District of Illinois, Rock Island Division. No. 4:12-CR-40031-SLD-JEH-6 -- Sara Darrow, Judge.
For United States of America, Plaintiff - Appellee: Jason M. Bohm, Attorney, Office of The United States Attorney, Urbana Division, Urbana, IL; John Patrick Taddei, Attorney, Department of Justice, Criminal Division, Washington, DC; Greggory R. Walters, Attorney, Office of The United States Attorney, Peoria, IL.
For Qubid M. Coleman, also known as: MONEY, Defendant - Appellant: Michelle L. Jacobs, Attorney, Vanessa K. Eisenmann, Attorney, Biskupic & Jacobs, S.C., Mequon, WI.
Before WOOD, Chief Judge, ROVNER, Circuit Judge, and SHAH, District Judge.[*]
Shah, District Judge.
Faced with a mandatory life sentence, Qubid Coleman agreed to cooperate with the government, signed a plea agreement, and entered a plea of guilty to a drug conspiracy charge. The plea agreement contained a waiver of Coleman's right to collaterally attack his conviction or sentence. At the guilty-plea hearing, Coleman said that he reviewed the agreement, understood it, and talked about it with his lawyer, but the district judge did not expressly discuss the collateral-attack waiver with Coleman. At sentencing, the district
court imposed conditions of supervised release that included conditions that have since been determined to be impermissibly vague (and the court did not expressly tailor the conditions to an assessment of the factors in 18 U.S.C. § 3553(a)).
Although the plea colloquy did not track Federal Rule of Criminal Procedure 11 with respect to the collateral-attack waiver, we affirm the conviction because the omission did not affect Coleman's substantial rights. But we remand for resentencing in light of our recent decisions concerning the imposition of conditions of supervised release. E.g., United States v. Kappes, 782 F.3d 828 (7th Cir. 2015).
Coleman was a runner for a drug conspiracy organized by his brother, Frederick Coleman, and Jerry Brown. Coleman's role was to deliver crack to customers in Kewanee, Illinois, collect money from the sales, and give the proceeds to his brother and Brown.
Shortly after indictment, Coleman's lawyer sought an evaluation of Coleman's competency. The evaluator determined that Coleman was malingering. Coleman's lawyer sought another evaluation, but Coleman refused to cooperate with the second doctor and his own counsel. Eventually, Coleman's case was severed from his co-defendants', the court found Coleman to be ...