Commonwealth v. DeCologero

In 1984, the defendant pleaded guilty to trafficking in more than twenty-eight but less than one hundred grams of cocaine1 (G. L. c. 94C, § 32E[6], as appearing in St. 1982, *94c. 650, §11) and to conspiracy to traffic in the same amount of cocaine (G. L. c. 94C, § 40). He was sentenced, pursuant to an agreed-upon recommendation, to serve not less than ten nor more than twelve years in prison. In 1997, due to his vulnerability to an enhanced Federal sentence, the defendant filed a motion to withdraw his guilty pleas. After procedural meanderings, two justices of the Superior Court, on separate…