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D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated
Loaded on Jan. 15, 2022
by David Reutter
published in Criminal Legal News
February, 2022, page 48
Filed under:
Breach of Plea/Coop./Immunity Agreements.
Location:
District of Columbia.
by David M. Reutter
The U.S. Court of Appeals for the District of Columbia Circuit held that a plea agreement was ambiguous as to the Government’s ability to oppose Safety Valve relief on grounds the defendant was a supervisor or manager in a drug conspiracy. It ordered resentencing that was ...
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More from this issue:
- A Closer Look at Sex Offender Registries, by Casey Bastian
- Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct, by Dale Chappell
- Why Punishing Bad Prosecutors Won’t Fix a Bad System, by James Doyle
- California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences, by David Reutter
- Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States, by Anthony Accurso
- Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression, by Anthony Accurso
- Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses, by Dale Chappell
- SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting, by Douglas Ankney
- New Jersey Directive Provides Relief for Certain Drug Offenders, by Casey Bastian
- California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1), by Douglas Ankney
- Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release, by Douglas Ankney
- Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’, by Douglas Ankney
- Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, by Dale Chappell
- Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief, by Dale Chappell
- Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke, by Douglas Ankney
- Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion, by Douglas Ankney
- Snitch Visas: A Pipe Dream, by David Reutter
- New Digital Warrants Undermine Fourth Amendment, by Anthony Accurso
- California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer, by Douglas Ankney
- FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations, by Douglas Ankney
- Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions, by Anthony Accurso
- Pushback on Police Lying to Obtain False Confessions, by Jayson Hawkins
- Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims, by Douglas Ankney
- Civil Forfeiture Under Fire in Massachusetts, by Jayson Hawkins
- Why Won’t the State of Missouri Release Innocent Men From Prison?, by Casey Bastian
- ShotSpotter Acoustic Detection System Another Example of a Forensic Tool Shrouded in Secrecy and Prone to Questionable Results, by Casey Bastian
- Oregon Bill Makes it More Difficult to Hide Police Misconduct, by Jacob Barrett
- New Study Reveals Digital Forensic Examiners Inclined to Biasability, by Casey Bastian
- Some Cities Taking Holistic Approach to Public Safety, by Casey Bastian
- Criminal Justice Legislation Signed by North Carolina Governor, by Ashleigh Dye
- Government Keyword Searches Revealed, by Jayson Hawkins
- Who You Gonna Call When You Don’t Want the Cops? There’s a Website for That, by Casey Bastian
- D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated, by David Reutter
- Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA, by Dale Chappell
- News in Brief
- Minnesota Police Hand Out ‘Not-Reaching’ Pouches to Reduce Police Shoot-ings of Motorists, by Dale Chappell
More from David Reutter:
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
- Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, Oct. 1, 2024. Sentencing Goals/Purposes/Practices, Breach of Plea/Coop./Immunity Agreements, Breach of trust, Plea Agreements/Guilty Pleas.
- Pennsylvania Prisoner Smuggles Cellphones, Federal Prosecutor Breaches Plea Bargain, Sept. 15, 2024. Searches - Cellphones/Computers/Internet, Breach of Plea/Coop./Immunity Agreements.
- Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, July 15, 2022. Breach of Plea/Coop./Immunity Agreements, Plea Agreements/Guilty Pleas.
- "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", Oct. 15, 2021. Breach of Plea/Coop./Immunity Agreements.
- Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, June 15, 2020. Breach of Plea/Coop./Immunity Agreements, Acceptance/Rejection by the Court.
- U.S. v. Villa-Vazquez, No. 07-3160 (10th Cir.) (536 F.3d 1189) (August 20, 2008) (Judge Harris L. Hartz), Aug. 1, 2008. Punch And Jurists, Breach of Plea/Coop./Immunity Agreements.
- U.S. v. Scott, No. 05-6082 (10th Cir.) (455 F.3d 1188) (July 31, 2006) (Judge William J. Jr. Holloway), Aug. 1, 2006. Punch And Jurists, Breach of Plea/Coop./Immunity Agreements.
- U.S. v. Norris, No. 04-2073 (8th Cir.) (439 F.3d 916) (March 10, 2006) (Judge Michael J. Melloy), Feb. 1, 2006. Punch And Jurists, Breach of Plea/Coop./Immunity Agreements.
- U.S. v. Scott, No. 05-6082 (10th Cir.) (469 F.3d 1335) (October 27, 2006) (Judge William J. Jr. Holloway), Jan. 1, 2006. Punch And Jurists, Breach of Plea/Coop./Immunity Agreements.