U.S. v. Fitch, No. 00-6223 (6th Cir.) (282 F.3d 364) (March 8, 2002) (Judge Nathaniel R. Jones)
Loaded on April 1, 2002
published in Punch and Jurists
April 01, 2002
Filed under:
Punch And Jurists,
Breach of Plea/Coop./Immunity Agreements.
In this case the Court found that the Government had breached an essential provision of the defendant’s plea agreement by recommending a sentence enhancement for a leadership role in the offense where it was “eminently reasonable” for the defendant to believe that such an enhancement was foreclosed; and that …
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More from this issue:
- Jenkins v. Artuz, No. 01-2328 (2nd Cir.) (294 F.3d 284) (April 1, 2002) (Judge Robert D. Sack)
- U.S. v. Weaver, No. 00-4754 (4th Cir.) (282 F.3d 302) (February 28, 2002) (Judge Frank J. Magill)
- U.S. v. Horn, No. CRIM A. 00-946-PWG (D.Md.) (185 F.Supp.2d 530) (January 31, 2002) (Judge Magistrate)
- U.S. v. Banks, No. 00-10439 (9th Cir.) (282 F.3d 699) (March 5, 2002) (Judge Henry A. Politz)
- U.S. v. Fitch, No. 00-6223 (6th Cir.) (282 F.3d 364) (March 8, 2002) (Judge Nathaniel R. Jones)
- U.S. v. Williams, No. 00-10629 (9th Cir.) (282 F.3d 679) (March 4, 2002) (Judge Jr. William C. Canby)
- U.S. v. Golyansky, No. 01-1499 (10th Cir.) (281 F.3d 1330) (March 5, 2002) (Judge Bobby R. Baldock)
- U.S. v. Jackson-Randolph, No. 00-1073 (6th Cir.) (282 F.3d 369) (February 22, 2002) (Judge Gordon J. Quist)
- U.S. v. Akintomide, No. CRIM.97-263(RMU) (D.D.C.) (185 F.Supp.2d 1) (April 17, 2001) (Judge Ricardo M. Urbina)
- U.S. v. Riggs, No. 00-2460 (1st Cir.) (287 F.3d 221) (April 24, 2002) (Judge Juan R. Torruella)
More from these topics:
- Fourth Circuit: Government Breached Plea Agreement by Successfully Arguing for Sentencing Enhancement Based on “Total Relevant Conduct” Not Stipulated to in Plea Agreement, Oct. 15, 2025. Breach of Plea/Coop./Immunity Agreements, In Connection With Another Felony Offense, Plea Bargaining, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Relevant Conduct.
- Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, Dec. 15, 2024. Double jeopardy, Breach of Plea/Coop./Immunity Agreements, Dismissal, Plea Agreements/Guilty Pleas.
- Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, Oct. 1, 2024. Sentencing Goals/Purposes/Practices, Breach of Plea/Coop./Immunity Agreements, Breach of trust, Plea Agreements/Guilty Pleas.
- Pennsylvania Prisoner Smuggles Cellphones, Federal Prosecutor Breaches Plea Bargain, Sept. 15, 2024. Searches - Cellphones/Computers/Internet, Breach of Plea/Coop./Immunity Agreements.
- Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, July 15, 2022. Breach of Plea/Coop./Immunity Agreements, Plea Agreements/Guilty Pleas.
- D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated, Jan. 15, 2022. Breach of Plea/Coop./Immunity Agreements.
- "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", Oct. 15, 2021. Breach of Plea/Coop./Immunity Agreements.
- Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, June 15, 2020. Breach of Plea/Coop./Immunity Agreements, Acceptance/Rejection by the Court.
- Mattox v. U.S., No. 667 (U.S. Supreme Court) (156 U.S. 237; 15 S.Ct. 337) (February 4, 1995) (Justice Brown), March 27, 2019. Punch And Jurists, Confrontation Clause/Rights.
- Price v. Johnston, No. 111 (U.S. Supreme Court) (334 U.S. 266; 68 S.Ct. 1049) (May 24, 2048) (Justice Murphy), March 27, 2019. Punch And Jurists, Right to be Present.