Thursday, April 24, 2008

No Breach Of Plea Agreement

The District of Columbia Court of Appeals held that a prosecutor did not breach an obligation under a plea agreement to ask for a sentence of imprisonment no greater than eight years. The government's sentencing memo had a footnote that referred to the judge's authority to impose a higher sentence. The memo also had a "lenghty exposition of [defendant's] abuse and cruelty toward the victim...."  The court here concludes that zealous advocacy for the maximum sentence pursuant to the agreement did not constitute a breach: " agreed upward limit must be given a wide berth in allocution, and we are satisfied that the prosecutor did not cross the line here." (Mike Frisch)

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