Public Defense

Defendant Silverio, who was sentenced to 272 months (22 years, 8 months) in prison, had been offered, and rejected, a plea agreement with a binding sentencing recommendation of 17 years. On appeal, he argued that district court erred in refusing to consider the terms of the rejected agreement at sentencing.

Not surprisingly, the appellate court disagreed. There is nothing in § 3553(a) - or circuit precedent - that requires a district court to do so. Accordingly, finding no substantive or procedural defect with the sentence, the court affirmed.

Full post as published by Second Circuit Blog on May 02, 2008 (boomark / email).