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No Remedy for Defendant After Government Reneged on Plea Deal

April 3, 2019, 1:46 PM

A defendant claiming the government didn’t uphold its end of a plea deal when it refused to authorize a sentence below the statutory minimum didn’t show the decision was made in bad faith, the Tenth Circuit said.

Instead, the government’s decision was based on E.F.'s continued criminal activity, the opinion by Chief Judge Timothy M. Tymkovich said.

Under the terms of the agreement, E.F. pleaded guilty and the government agreed to recommend a sentence below the one applicable under the U.S. Sentencing Guidelines. When the time came, however, the government suggested a reduced sentence based on E.F.'s cooperation in an ...

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