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United States v. Edward Hudson
Citations: 52 F.3d 326; 1995 U.S. App. LEXIS 18050; 1995 WL 234652Docket: 94-1208
Court: Court of Appeals for the Sixth Circuit; April 18, 1995; Federal Appellate Court
Edward Hudson appeals his sentence following a guilty plea for possession with intent to distribute heroin, claiming the District Court mistakenly believed it lacked the discretion to depart downward from the sentencing guidelines. Hudson was indicted in 1993 on multiple charges, including drug trafficking and firearm offenses, and entered a Rule 11 plea agreement that capped his sentence at 78 months. At sentencing, the court calculated the guidelines range as 70 to 87 months and ultimately imposed a 70-month sentence after considering Hudson's rehabilitation efforts, which it found insufficient for a downward departure. Hudson contends that the District Court's decision was subject to appeal because it allegedly misunderstood its discretion regarding his rehabilitation. However, the government argues that Hudson waived his right to request any downward departure not specified in the plea agreement. The court noted that the plea agreement included provisions that limited Hudson's ability to seek a downward departure based on factors that existed prior to the agreement. The court also addressed Hudson's assertion that the plea agreement was an adhesion contract, ruling it lacked merit since he had the opportunity to negotiate the terms and did not seek to withdraw his plea after sentencing. Ultimately, the court affirmed the District Court's judgment, holding that Hudson had waived his right to appeal regarding the downward departure, and the sentence was within the bounds of the plea agreement.