context: We are aware that decisions in other circuits have on occasion treated guilty pleas as admitting factual allegations in the indictment not essential to the government's proof of the offense.
citation_a.signal: see
citation_a.identifier: 36 F.3d 1047, 1049
citation_a.parenthetical: defendant who pled guilty to possession of AK-47 and Uzi in course of drug crime-in violation of 924(c
citation_a.sentence: See, e.g., United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.1994) (defendant who pled guilty to possession of AK-47 and Uzi in course of drug crime-in violation of 924(c)-could not later assert at sentencing that crime was possession of AK-47 alone); United States v. Johnson, 888 F.2d 1255, 1256 (8th Cir.1989) (defendant who pled guilty to indictment alleging conspiracy to distribute cocaine, LSD, and mushrooms could not later assert that he only knew about cocaine).
citation_b.signal: no signal
citation_b.parenthetical: holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea
citation_b.sentence: Compare United States v. Tolson, 988 F.2d 1494, 1501 (7th Cir.1993) (holding that plea to multi-defendant conspiracy charge bars defendant from denying his involvement from the date of commencement of the conspiracy alleged in the indictment); United States v. Eaves, 849 F.2d 363, 365 (8th Cir.1988) (holding, without citation of authority, that guilty plea to indictment charging mail fraud scheme involving 135 victims precluded defendant from claiming at sentencing that fewer victims were involved) with United States v. Silvers, 84 F.3d 1317, 1320 (10th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 742, 136 L.Ed.2d 680 (1997) (holding that guilty plea to indictment charging distribution of 1,000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea); see also United States v. Parker, 874 F.2d 174, 177-78 (3d Cir.1989) (holding that where indictment and plea agreement specified value of packages taken, entry of guilty plea conclusively established value for purposes of sentencing); cf. United States v. Hoyle, 33 F.3d 415, 419 (4th Cir.1994), cert. denied, 513 U.S. 1133, 115 S.Ct. 949, 130 L.Ed.2d 892 (1995) (finding no clear error where court relied at sentencing on loss amount in Bill of Information rather than inconsistent figures offered by defendant at hearing). The defendant is, of course, bound at sentencing by factual allegations that establish an element of the crime which he has admitted on pleading guilty.