State breach of plea agreement

CASE LAW UPDATE:  Whether the defendant must be resentenced on the grounds that the government breached the plea agreement?    

Defendant and the United States entered into a plea agreement.  In the plea agreement, the defendant and government agreed to an offense level of 12.  Defendant also executed a plea waiver.  At sentencing, the government argued that an offense level of 20 applied.  The District Court applied the higher offense level.  Defendant appealed.  The Eighth Circuit Court of Appeals held that (1) the government breached the plea agreement by arguing that an offense level of 20 applied, rather than the agreed upon level 20; (2) that defendant could appeal despite the appeal waiver, because the government breached the plea agreement; and (3) that the case must be remanded for resentencing.  Vacated, remanded.

United States v. Brown, 20-2170, Gruender, J.  Appealed from the United States District Court, Western District of Missouri.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2021-08-17T21:17:52+00:00August 17th, 2021|Victories/Case Law Updates|0 Comments

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