United States v. Clifford K. Kennell

Clifford Kennell appeals his conviction and sentence, challenging the denial of his motion to withdraw his guilty plea to a single count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). We reverse.

A three-count indictment charged Kennell with conspiracy to distribute marijuana in violation of 21 U.S.C. § 846 ; manufacture of over 100 marijuana plants in violation of 21 U.S.C. § 841 (a)(1); and maintaining a place for the purpose of manufacturing marijuana in violation of 21 U.S.C. § 856 (a)(1).

After negotiation, the government entered into a written plea agreement with Kennell, whereby Kennell agreed to plead guilty to an amended charge of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). In return, the government recommended that Kennell receive a reduced sentence of ten months, and agreed not to object if the district court decided to impose a sentence of probation. There was little or no physical evidence connecting Ken-nell to the marijuana growing operation. The government’s case depended upon the testimony of a codefendant who had earlier pled guilty.

During the Change of Plea…