context: Ogman offers no authority, however, and we are aware of none, that would permit a district court in these circumstances to not consider all offenses to which a defendant pleads guilty when calculating a sentence. Ogman voluntarily pled guilty to both crimes with which he was legitimately charged. Thus, the district court reasonably considered both convictions in calculating his sentence.
citation_a.signal: see
citation_a.identifier: 928 F.2d 575, 582
citation_a.parenthetical: "[T]he fact that a charge was used in plea bargaining does not mean that the penalty mandated by statute does not apply."
citation_a.sentence: See United States v. Stanley, 928 F.2d 575, 582 (2d Cir.1991) (“[T]he fact that a charge was used in plea bargaining does not mean that the penalty mandated by statute does not apply.”); see also Bordenkircher v. Hayes, 434 U.S. 357, 365, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978) (holding that a prosecutor’s threat to bring more serious charges to induce a plea bargain “no more than openly presented the defendant with the unpleasant alternatives of forgoing trial or facing charges on which he was plainly subject to prosecution”).
citation_b.signal: see also
citation_b.identifier: 434 U.S. 357, 365
citation_b.parenthetical: holding that a prosecutor's threat to bring more serious charges to induce a plea bargain "no more than openly presented the defendant with the unpleasant alternatives of forgoing trial or facing charges on which he was plainly subject to prosecution"
citation_b.sentence: See United States v. Stanley, 928 F.2d 575, 582 (2d Cir.1991) (“[T]he fact that a charge was used in plea bargaining does not mean that the penalty mandated by statute does not apply.”); see also Bordenkircher v. Hayes, 434 U.S. 357, 365, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978) (holding that a prosecutor’s threat to bring more serious charges to induce a plea bargain “no more than openly presented the defendant with the unpleasant alternatives of forgoing trial or facing charges on which he was plainly subject to prosecution”).