Legal Opinion

United States v. Benjamin Johnson

Court of Appeals for the Sixth Circuit

Decided April 6, 2010No. 08-2529UnpublishedCited by 1 opinion

1Opinion of the Court

ROGERS, Circuit Judge.

Benjamin Johnson pled guilty to conspiring to distribute cocaine and launder money. Johnson argues on appeal that the Government breached his plea agreement by not filing a substantial assistance motion on his behalf, that his plea was not knowing, intelligent, and voluntary, and that his counsel rendered ineffective assistance. This court reviews the Government’s decision not to file a substantial assistance motion pursuant to a plea agreement only for unconstitutional motives, and Johnson does not allege an unconstitutional motive in this case. Johnson’s plea colloquy…

2Cases cited4 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. United States v. Owen Daniel Moore, IIICourt of Appeals for the Sixth Circuit · 2000
  3. United States v. Antwand Deshion HawkinsCourt of Appeals for the Sixth Circuit · 2001
  4. United States v. AaronCourt of Appeals for the Sixth Circuit · 2009

3Cited by1 opinion

  1. Johnson v. HudginfDistrict Court, D. South Dakota · 2017

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