No. 24-6441

David Joseph Bunevacz v. United States

Lower Court: Ninth Circuit
Docketed: 2025-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-history due-process government-breach plea-agreement sentencing-guidelines upward-variance
Latest Conference: 2025-02-28
Question Presented (from Petition)

1. Whether petitioner David Joseph Bunevacz's convictions should be reversed because the government breached the plea agreement, in violation of this Court's admonition in Santobello v. New York, 404 U.S. 257, 262 (1971), that when a plea rests in any significant degree on a promise or agreement of the prosecutor, such promise must be fulfilled.

2. Whether the Ninth Circuit's decision conflicts with decisions in other Circuit Courts, which have held that conduct such as the government's in this case constitutes a breach of the plea agreement requiring reversal.

Question Presented (AI Summary)

Whether the government's breach of a plea agreement by requesting legally invalid sentencing enhancements and advocating for an upward departure warrants reversal of convictions under Santobello v. New York

Docket Entries

2025-03-03
Petition DENIED.
2025-02-13
DISTRIBUTED for Conference of 2/28/2025.
2025-02-06
Waiver of United States of right to respond submitted.
2025-02-06
Waiver of right of respondent United States to respond filed.
2025-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2025)

Attorneys

David Bunevacz
Kathryn Ann YoungOffice of the Federal Public Defender, Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent