Don't think this is how this will play out. He is claiming that the government breached their end of the plea bargain. Which I assume means they agreed to recommend as light a sentence as possible in exchange for his guilty plea. Well, he gave them the guilty plea and they crawfished on the deal and changed their recommendation from no jail time to 6 months. They acted in bad faith.

He should be allowed to withdraw his plea.

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Posted by antibarner

Member since Oct 2009

23802 posts

Posted on 1/14/20 at 8:53 pm to BoarEd

I don't trust this judge. At all. He has issued some strange rulings and in reality the whole thing probably should have been thrown out.

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Posted by FalseProphet

Mecca

Member since Dec 2011

11708 posts

Posted on 1/14/20 at 8:56 pm to BoarEd

quote:
Don't think this is how this will play out. He is claiming that the government breached their end of the plea bargain. Which I assume means they agreed to recommend as light a sentence as possible in exchange for his guilty plea. Well, he gave them the guilty plea and they crawfished on the deal and changed their recommendation from no jail time to 6 months. They acted in bad faith.

Weak basis for withdrawal in federal court, where prosecutors recommendations are non binding on the court.

The government can recommend 0 days or a million years; its entirely up to the judge.

ETA: Haven’t read the motion, but if the government agreed to recommend reductions for acceptance of responsibility or minor role and reneged, that’s different.

This post was edited on 1/14/20 at 8:58 pm

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