United States of America v. Elisha Drake, also known as KELLY, also known as KILLER KEL

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
December 18, 2014
Before
DIANE P. WOOD, Chief Judge
WILLIAM J. BAUER, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 11‐2687
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
ELISHA DRAKE, also known as KELLY,
also known as KILLER KEL,
Defendant‐Appellant.
Appeal from the United States
District Court for the Southern District
of Indiana, Indianapolis Division.
No. 1:10‐cr‐00003‐SEB‐KPF‐9
Sarah Evans Barker,
Judge.
O R D E R
On December 9, 2014, the government filed in the Southern District of Indiana
under Cause No. 1:14‐cr‐0244‐SEB‐TAB an Information charging Elisha Drake with a
cocaine conspiracy in violation of 21 U.S.C. 841(a)(1). Drake and the government
entered into a plea agreement and Drake petitioned to enter a plea of guilty. The district
court held a Rule 11 proceeding and accepted Drake’s plea of guilty to the Information.
We understand the district judge’s acceptance of Drake’s plea as an indication
that she is inclined to accept Drake’s Rule 11(c)(1)(C) plea agreement. We accordingly
VACATE our judgment entered on August 18, 2014 in Appeal No. 11‐2687 and R EMAND
Cause No. 1:10‐cr‐3‐SEB‐KPF‐9 to the district court so that the court can vacate the
judgment of conviction and sentence in that cause and proceed with sentencing in
Cause No. 1:14‐cr‐0244‐SEB‐TAB. Drake’s petition for rehearing is denied as moot.

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