sentencing-recommendation
8 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24A486 | Jeremy Young Hutchinson v. United States | Eighth Circuit | 2024-11-15 | Presumed Complete | ineffective-assistance plea-agreement prosecutorial-misconduct rule-11 sentencing-guidelines sentencing-recommendation | Question not identified. | |
| 24-5972 | Alex N. Morales-Velez v. United States | First Circuit | 2024-11-14 | Denied | Response WaivedIFP | criminal-procedure ineffective-assistance mandatory-minimum plea-agreement sentencing-recommendation strickland-standard | 1. Whether defense counsel's failure to object to the government's high-end sentencing recommendation —contrary to the terms of the plea agreement fol… |
| 24-5714 | Gerardo Farias-Contreras v. United States | Ninth Circuit | 2024-10-07 | Denied | Response RequestedResponse WaivedRelisted (4)IFP | circuit-court-variation criminal-procedure government-breach plain-error-review plea-agreement sentencing-recommendation | Does "plain-error review" of a defendant's claim that the government breached a plea agreement focus on the "scope of the Government's commitments" to… |
| 20-7798 | Christopher Williams v. United States | Eighth Circuit | 2021-04-20 | GVR | Relisted (4)IFP | armed-career-criminal-act controlled-substance drug-transactions judicial-vindictiveness law-enforcement-officer occasions-different prosecutorial-vindictiveness sentencing sentencing-recommendation undercover-law-enforcement | I. Are sequential drug transactions over a short time frame "committed on occasions different from one another" for purposes of the Armed Career Crimi… |
| 19-5539 | Nicholas Gilbert Beattie v. United States | Eighth Circuit | 2019-08-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation | Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a b… |
| 19-5125 | Francisco Gallegos-Lopez v. United States | Ninth Circuit | 2019-07-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors | Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p… |
| 18-5776 | Carlos Placeres-Cruz v. United States | Ninth Circuit | 2018-08-27 | Denied | Response WaivedIFP | breach-of-contract circuit-split criminal-procedure duty-of-candor judicial-interpretation plea-agreement prosecutor-misconduct prosecutorial-discretion sentencing-recommendation | Where some courts hold that a prosecutor commits an implicit breach of a plea agreement by proffering statements undermining the agreed sentencing rec… |
| 18-5397 | Alejandro Parra-Ramos v. United States | Ninth Circuit | 2018-07-30 | Denied | Response WaivedIFP | criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance | Whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour… |