United States v. Gregory Bethea
Court of Appeals for the Seventh Circuit
1Opinion of the Court
Flaum, Circuit Judge.
Defendant-appellant Gregory Bethea pleaded guilty to possessing a counterfeit access device in violation of 18 U.S.C. § 1029 (a)(1). Due to serious health issues, Bethea appeared via videoconference at his combined guilty plea and sentencing hearing where he was sentenced to twenty-one months' imprisonment. He now argues his sentence should be vacated because Federal Rule of Criminal Procedure 43(a) required him to be physically present during his plea. We agree, and thus reverse and remand for further proceedings.
I. Background
In 2014, Bethea used fraudulently obtained…
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