165 F.3d 33 (7th Cir. 1998), 98-1013, U.S. v. Bellamy

Docket Nº:98-1013.
Citation:165 F.3d 33
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Courtney Kenneth BELLAMY, Defendant-Appellant.
Case Date:November 09, 1998
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 33

165 F.3d 33 (7th Cir. 1998)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

Courtney Kenneth BELLAMY, Defendant-Appellant.

No. 98-1013.

United States Court of Appeals, Seventh Circuit

November 9, 1998

Submitted November 6, 1998. [*]

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA7 Rule 53 regarding use of unpublished opinions)

Rehearing Denied Dec. 2, 1998.

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 96-CR-133. Rudolph T. Randa, Judge.

Before Hon. THOMAS E. FAIRCHILD, Hon. WILLIAM J. BAUER, Hon. TERENCE T. EVANS, Circuit Judges.

ORDER

Courtney Bellamy pleaded not guilty to three counts of possession with the intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1), and the case proceeded to trial. At the close of the government's case, Bellamy entered pleas of guilty, which the district court accepted. Shortly thereafter, Bellamy filed a motion to withdraw his guilty pleas, which the district court denied. The court then sentenced Bellamy to 235 months' imprisonment on each of the counts, to run concurrently. Bellamy's fourth attorney, Thomas Hayes, filed a notice of appeal on Bellamy's behalf but now seeks to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), because he considers an appeal to be without merit or possibility of success. Bellamy was notified of the opportunity to file a response to the Anders motion pursuant to Circuit Rule 51(a), which he has done. We grant counsel's motion to withdraw and dismiss the appeal.

On May 13, 1996, Bellamy surrendered to authorities after learning that law enforcement officials were looking for him in connection with the sale of over one kilogram of crack cocaine to Margaret Turner, a confidential government informant. Bellamy was represented at that time by Ronald Hendree, who tried to negotiate a deal with the government that would provide for a reduction of his client's sentencing exposure. The government informed Hendree that if Bellamy returned the $26,500 in "buy" money that Turner had paid Bellamy for the crack cocaine, it would recommend a sentence reduction of one to two years. Through Hendree, Bellamy returned approximately $17,000, but Hendree reported that the remaining money was stolen out of his car. Thereafter, plea negotiations crumbled and Hendree withdrew as counsel of record.

Stan Nelson replaced Hendree as Bellamy's lawyer. The case proceeded to trial, during which Turner testified that Bellamy sold her a kilogram of crack cocaine for $26,500. The government also presented tape-recorded conversations reflecting Bellamy's involvement in negotiating the three drug deals charged in the indictment. After the government rested, the defense sought an adjournment because its primary witness, Rhasaan Clemont, had not yet arrived at the courthouse. The court granted an adjournment until later in the afternoon but then refused to further delay the trial. At that point, Bellamy's counsel asked the government what it would offer in return for a guilty plea. Because it already had rested its case, the government refused to offer any sentencing...

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