U.S. v. Barnes, No. 00-5567 (6th Cir.) (278 F.3d 644) (January 30, 2002) (Judge Eric L. Clay)
Loaded on Feb. 1, 2002
published in Punch and Jurists
January 28, 2002
Filed under:
Punch And Jurists,
Breach of Plea/Coop./Immunity Agreements.
This is a rare case in which the Court found that even if sentencing court implied that it would not have accepted the Government's recommendation that was promised in a plea agreement, the government's breach of plea agreement by not expressly requesting that the district court sentence defendant at …
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More from this issue:
- U.S. v. Stubbs, No. 99-3726 (6th Cir.) (279 F.3d 402) (February 5, 2002) (Judge Eric L. Clay)
- U.S. v. Barnes, No. 00-5567 (6th Cir.) (278 F.3d 644) (January 30, 2002) (Judge Eric L. Clay)
- Beharry v. Reno, No. 98 CV 5381 (JBW) (E.D.N.Y.) (183 F.Supp.2d 584) (January 9, 2002) (Judge Jack B. Weinstein)
- U.S. v. Graham, No. 99-1719 (6th Cir.) (275 F.3d 490) (December 17, 2001) (Judge Karen Nelson Moore)
- U.S. v. Antico, No. 00-1446 (3rd Cir.) (275 F.3d 245) (November 28, 2001) (Judge Thomas L. Ambro)
- Garceau v. Woodford, No. 01-1862 (9th Cir.) (275 F.3d 769) (December 26, 2001) (Judge A. Wallace Tashima)
- Okai v. Verfuth, No. 99-3277 (7th Cir.) (275 F.3d 606) (December 21, 2001) (Judge John L. Coffey)
- U.S. v. Ferreira, No. 00-14723 (11th Cir.) (275 F.3d 1020) (December 11, 2001) (Judge Stanley Marcus)
- U.S. v. Walser, No. 01-8019 (10th Cir.) (275 F.3d 981) (December 28, 2001) (Judge Stephanie K. Seymour)
- U.S. v. Jenkins, No. 01-1292 (3rd Cir.) (275 F.3d 283) (December 20, 2001) (Judge Anthony J. Scirica)
- U.S. v. Soler, No. 01-1179 (1st Cir.) (275 F.3d 146) (January 4, 2002) (Judge Bruce M. Selya)
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.