United States v. Jose A. Chacon

HANSEN, Circuit Judge.

Jose A. Chacon pleaded guilty to conspiring to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 846, and aiding and abetting the possession of 500 grams or more of cocaine with intent to distribute, in violation of 18 U.S.C. § 2. Each conviction carried a statutory minimum sentence of sixty months in prison, see 21 U.S.C. § 841(b)(l)(B)(ii), and the district court 2 advised Chacon of the statutory minimum at the change-of-plea hearing. At the sentencing hearing, however, everyone overlooked the existence of the statutory minimum. The district court…