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Criminal Procedure keyed to Israel
United States v. Benchimol
Facts
The Respondent pleaded guilty, pursuant to a plea bargain with the Government, in District Court, to one count of mail fraud. The Government agreed to recommend probation on condition that Respondent make restitution. The pre-sentence report incorrectly stated that the Government would stand silent at the Respondent’s sentencing hearing. At the sentencing hearing, Respondent’s counsel informed the court that the Government instead recommended probation with restitution, and the Government attorney stated that that was an accurate representation. The court disregarded the recommendation and sentenced Respondent to six years of treatment and supervision. After serving some of his sentence, Respondent was released on parole. More than five years following the original guilty plea, a warrant for Respondent’s arrest was issued due to a parole violation, and Respondent was taken into custody. A few days before he was arrested, Respondent filed a motion to withdraw his guilty plea, or in the alternative, to have his sentence vacated and be re-sentenced to the time already served, claiming that the Government failed to comply with its part of the plea bargain upon which his guilty plea was based by not enthusiastically supporting the plea bargain and by not explaining the reasons fro the agreement to the sentencing judge. The District Court denied the motion. The Court of Appeals for the Ninth Circuit held that the Government breached its plea agreement because when the Government undertakes to recommend a sentence pursuant to a plea bargain, it has a duty to state its recommendation clearly to the judge and to express justification for it.
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