Academic

Second Circuit Holds Government Did Not Breach Plea Agreement by Advocating Additional Upward Adjustments at Sentencing - Take Two
QuestionThe scenario presented in United States v. Brumer, 07-0715-cr (2d Cir. June 10, 2008) is like a question on the bar exam: Two fraudsters enter into plea agreement with government, drafted by government, which estimates loss amount of crime at...

Government Crosses The Line And Breaches Plea Agreement
United States v. Griffin, Docket No. 05-4016-cr (2d Cir. Dec. 21, 2007) An important case involving the circumstances under which the Government can be held to account for breaching a plea agreement...

Defendant Breached Plea Agreement in Seeking Departure for Overrepresentation and Downward Variance Based on Personal Characteristics
In U.S. v. Williams, No. 05-4153, Dec. 31, 2007, the Circuit held that a defendant who sought departures for over-representation of criminal history and mitigating personal circumstances, and a downward variance based on personal circumstances, breached his plea agreement which stated ?neither party will argue for the imposition of a sentence outside the Guidelines range that results from the agreed total Guidelines offense level...

De La Garza: No Plain Error in Gov't Violation of Plea Agreement
In U.S. v. De La Garza, No. 06-13396 (Feb. 15, 2008), the Court affirmed the conviction of a defendant who pled guilty to conspiracy to possess more than five kilos of cocaine with intent to distribute, in violation of the Marine Drug Law Enforcement Act ("MDLEA")...

Oral argument recording available in Rubio v. State
An audio recording of this morning's oral argument in Rubio v. State is now available at the Nevada Supreme Court's webside. The case concerns a claim by the appellant that she should have been allowed to withdraw her plea of guilty where her plea agreement was not in Spanish and she did not speak English, her attorney did not personally review her plea agreement with her but instead relied upon a court interpreter to give advice about the plea agreement, and the interpreter provided erroneous advice about the immigration consequences of the plea.

Gov did not breach plea agreement by withdrawing 5K motion
In US v. Schwartz, No. 05-4978 (Jan 10, 1008), the 3rd Circuit rejected Schwartz's claim that the government breached its plea agreement and acted in bad faith when it withdrew its previously filed motion for downward departure under USSG 5K1...