No. 18-5776

Carlos Placeres-Cruz v. United States

Lower Court: Ninth Circuit
Docketed: 2018-08-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: breach-of-contract circuit-split criminal-procedure duty-of-candor judicial-interpretation plea-agreement prosecutor-misconduct prosecutorial-discretion sentencing-recommendation
Key Terms:
Immigration JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Where some courts hold that a prosecutor commits an implicit breach of a plea agreement by proffering statements undermining the agreed, sentencing recommendation, others hold that the duty of candor to the court remits the breach in such circumstances. Should the Court resolve the split in authority about where the dividing line properly falls between breach and candor?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Where some courts hold that a prosecutor commits an implicit breach of a plea agreement by proffering statements undermining the agreed, sentencing recommendation, others hold that the duty of candor to the court remits the breach in such circumstances. Should the Court resolve the split in authority about where the dividing line properly falls between breach and candor? --prefix-

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-08-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Carlos Placeres-Cruz
James FifeFederal Defenders of San Diego, Petitioner
James FifeFederal Defenders of San Diego, Petitioner