United States v. Warner

Defendant pleaded guilty pursuant to a plea agreement to one count of aiding and abetting the theft of a firearm. On appeal, defendant contends that the government breached the plea agreement. In the plea agreement, the government agreed to advise the district court at sentencing that the parties had agreed that the 4-level enhancement under U.S.S.G. 2K2.1(b) (increasing a defendant’s offense level for use or possession of a firearm in connection with another felony offense)(6)(B) did not apply. At sentencing, however, the government advised the district court that it had changed its position on whether a North Carolina breaking and entering offense constituted a felony, concluding that it did, regardless of a defendant’s criminal history. Nonetheless, the government asked the district court to honor the plea agreement and not apply the enhancement to defendant. The district court concluded that the government, although acting in good faith, breached its undertaking in the plea agreement by stating that the enhancement did apply. Accordingly, the court vacated the sentence and remanded for resentencing before a different district judge pursuant to Santobello v. New York. View "United States v. Warner" on Justia Law