United States v. Anthony Draper

JERRY E. SMITH, Circuit Judge *213 For the first time on appeal, Anthony Draper claims that the magistrate judge ("MJ") participated in plea negotiations in violation of Federal Rule of Criminal Procedure 11(c)(1). Because any error was not clear or obvious, we affirm.

I

Draper was indicted for conspiring to possess with intent to distribute 280 grams or more of crack cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(A) and 846. He retained his own counsel, Dan Wade.

Initial plea negotiations failed. Based on representations at the plea hearing, it appears that Wade proposed a 120-month…