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Criminal Law

: Third Circuit Blog

Supreme Court holds that failure to preserve breach of plea agreement is subject to plain error review.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

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Overruling longstanding Third Circuit doctrine, ( See United States v. Moscahlaidis, 868 F. 2d 1357, 1360 (3d cir. 1989), the Supreme Court held today in Puckett v. United States, 2009 WL 763354 (No. 07-9712), that a breach of a plea bargain at trial or sentencing is subject to "plain error" not "de novo" review unless a timely objection is lodged in the district court.Special thanks to Peter Goldberger for quickly bringing this to our attention.

Full post as published by Third Circuit Blog on March 25, 2009 (boomark / email).

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