U.S. v. Franco-Lopez, No. 00-50422 (9th Cir.) (312 F.3d 984) (November 27, 2002) (Judge Marsha L. Berzon)
Loaded on Nov. 1, 2002
published in Punch and Jurists
November 25, 2002
Filed under:
Punch And Jurists,
Breach of Plea/Coop./Immunity Agreements.
Here the Court held that the Government had breached the defendant's plea agreement by recommending against a safety valve departure without an independent finding by the Probation Department that the departure was not applicable.
Here the defendant pled guilty to the crime of possession with intent to distribute …
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More from this issue:
- U.S. v. Arrington, No. 01-3059 (D.C. Cir.) (309 F.3d 40) (November 5, 2002) (Judge Merrick B. Garland)
- Conant v. Walters, No. 00-17222 (9th Cir.) (309 F.3d 629) (October 29, 2002) (Judge Mary M. Schroeder)
- U.S. v. Holloway, No. 01-10508 (9th Cir.) (309 F.3d 649) (October 30, 2002) (Judge John T. Jr. Noonan)
- U.S. v. Rothberg, No. 00 CR 85-1 (N.D.Ill.) (222 F.Supp.2d 1009) (June 14, 2002) (Judge Matthew F. Kennelly)
- U.S. v. Triumph Capital Group, Inc., No. 3:00CR217 (EBB) (D.Conn.) (2002 U.S. Dist. LEXIS 21615) (November 4, 2002) (Judge Alan H. Nevas)
- U.S. v. Franco-Lopez, No. 00-50422 (9th Cir.) (312 F.3d 984) (November 27, 2002) (Judge Marsha L. Berzon)
- U.S. v. Perrotta, No. 00-1799 (2nd Cir.) (313 F.3d 33) (December 5, 2002) (Judge Rosemary S. Pooler)
- U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)
- U.S. v. John, No. 01-60721 (5th Cir.) (309 F.3d 298) (October 7, 2002) (Judge Jerry E. Smith)
- U.S. v. Edwards, No. 02-1846 (3rd Cir.) (309 F.3d 110) (October 21, 2002) (Per Curiam)
- U.S. v. Baptiste, No. 99-31027 (5th Cir.) (309 F.3d 274) (October 2, 2002) (Per Curiam)
- U.S. v. Elder, No. 00-10143 (9th Cir.) (309 F.3d 519) (June 7, 2002) (Judge Michael Daly Hawkins)
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.