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Federal Judiciary

: Second Circuit Sentencing Blog

Reversal And Remand Where Government Breached Plea Agreement

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United States v. Turner, No. 06-0967-cr (2d Cir. Dec. 17, 2007) (found here)

Turner went way off the tracks.  He was sentenced to 240 months.  But he requested, with the Government's consent, that his sentence be remanded to the district court for de novo resentencing due to the Government's breaches of the plea agreement, which included: (1) an incorrect claim that Turner's misrepresentations forced government representatives to go to the Bahamas to interview victims and obtain records; (2) Turner's failure to disclose the identity of victims, as the plea agreement did not require Turner to do so; and (3) an incorrect claim that Turner failed to disclose a particular brokerage account.  In a footnote, the Second Circuit also notes that the Government breached the plea agreement "by admittedly contradicting the plea agreement stipulation several times, including at sentencing."

Does anyone know what happened in this case?  How could it have gone so wrong?

Full post as published by Second Circuit Sentencing Blog on December 17, 2007 (boomark / email).

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