United States v. Knox

*375 MEMORANDUM ***

Tierice Knox (“Knox”) appeals from his sentence of imprisonment for 37 months entered following the district court’s revocation of its order of supervised release. Knox contends that his sentence must be vacated because it exceeded the punishment that can be imposed for a Class C felony. We affirm because we conclude that Knox pled guilty to a Class A felony.

I

On February 22,1994, the federal grand jury indicted Knox for the crime of possession of 16 grams of crack cocaine in violation of 21 U.S.C. § 841 (a)(1). On March 22, 1994, the grand jury returned a first superseding indictment which charged Knox and others in a single count with conspiracy to possess crack cocaine with the intent to distribute it in violation of 21 U.S.C. §§ 841 (a)(1) and 846. In the allegation of overt acts, the indictment provides that approximately 53 grams of crack cocaine were discovered at Knox’s residence on or about February 16,1993. The first superseding indictment was filed on March 23,1994.

On May 5, 1994, Knox entered a plea of not guilty at his arraignment on the first superseding indictment. On June 15, 1994, Knox signed a plea agreement in which he agreed to plead…