United States v. Badger

Raymond Eugene Badger pleaded guilty to one count of conspiracy to possess and distribute a controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) & 846, and to one count of willfully failing to appear before the district court, in violation of 18 U.S.C. § 3146(a)(1). Prior to sentencing on the individual counts, Badger made an oral motion to withdraw both pleas. The district judge denied these motions. He then sentenced Badger to 41 months imprisonment for the conspiracy count, followed by three years supervised release. He also fined Badger $5,000 and ordered a $50 special assessment. On the failure to appear count, Badger was sentenced to 19 months imprisonment followed by two years supervised release, to run consecutively to the sentence on the conspiracy charge. He also ordered an additional $50 special assessment. These two cases have been consolidated for appeal.