United States v. Emmanuel Hemphill

REAVLEY, Circuit Judge.

Emmanuel Hemphill pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine base and one count of possession with intent to distribute cocaine base. The district court sentenced him consistent with the plea agreement to concurrent terms of five years on each count. Hemphill now appeals, contending that the district court improperly engaged in the plea negotiations. We VACATE Hemphill’s conviction and REMAND for further proceedings.

I

In March and April 2012 police used a confidential informant (Cl) to purchase crack cocaine from Hemphill on…