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Mr. Booker pleaded guilty to possession of ten grams of crack cocaine in violation of 21 U.S.C. § 844. When the court assessed a criminal history point for Mr. Booker's misdemeanor conviction in addition to the point for the later battery conviction, Mr. Booker's criminal history category was raised to II. That calculation was assessed with his total offense level of 23, and the guideline range was set at 57 to 63 months. The court imposed a sentence of sixty months of incarceration, based presumably on the five-year mandatory minimum sentence required under Sec. 844 for possession of more than five grams of crack cocaine. However, Mr. Booker contends that, without the second criminal history point, he would have been eligible, under Sec. 5C1.2, for a reduction from the mandatory minimum term. At a criminal history category of I and an offense level of 23, his sentencing range would have been reduced to 46 to 57 months

The Commonwealth concedes that these pleas were invalid. Perhaps indicative of a "you-had-to-be-there" scenario, it is not clear from the record what "tap tap tap tap tap" or "ba ba ba ba" means. In any case, the judge never specifically inquired about the suspended license charge during this exchange, nor did he ask whether the defendant was pleading guilty to the charges. The pleas to counts one, two, and three were invalid. d2c66b5586