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Second Circuit finds prosecutor's sentencing advocacy does not justify a plea withdrawal

By Douglas A. Berman

The Second Circuit today has an interesing little discussion of pleas and sentencing advocacy in US v. MacPherson, No. 08-1829 (2d Cir. Dec. 30, 2009) (available here). Here is how the ruling starts: This criminal appeal challenges a sentence for a narcotics violation on the ground that the Government violated the plea agreement by recommending a sentence higher than the range estimated to be applicable at the time of the plea.  The appeal also challenges the reasonableness of the sentence, which included 262 months? imprisonment.  Carlos MacPherson appeals from the April 15, 2008, judgment of the District Court for the Eastern District of New York (Dora L. Irizarry, District Judge).  Applying plain error review to the challenge to the plea agreement, see Puckett v...continue to full post

Full post as published by Sentencing Law and Policy on December 30, 2009 (boomark / email).