Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of the plea agreement when the record of the sentencing hearing reflects that the prosecutor disclosed to the sentencing court there was a commitment, not contained in the written plea agreement, to not ask for an upward departure or variance and then advocated for such a sentence?

Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of the plea agreement when the record of the sentencing hearing reflects that the prosecutor disclosed to the sentencing court there was a commitment, not contained in the written plea agreement, to not ask for an upward departure or variance and then advocated for such a sentence?