Maurice Anderson v. United States
FirstAmendment DueProcess HabeasCorpus
When a judge can deem himself unbound to a Type-C plea agreement and impose a greater sentence
QUESTIONS PRESENTED FOR REVIEW 1, When a judge induces a defendant to plead guilty by reassuring him that if his plea is accepted the court is bound to impose a sentence specified in the Rule 14(€)(1)(C) of the Federal Rules of Civil Procedure (herein after Type-C agreement) and consequently does accept that plea can that judge subsequently --to the defendant's disbelief and horror--deem himself . unbound to the Type-C agreement, for one reasons or another, and therefore impose, without giving that defendant an opportunity to withdraw his plea, a greater sentence than that specified . on the theory it only conditionally accepted or it is differing, enforcing, modifying or ratifying the Type-C agreement? x , . . ~ 2. When a judge induces a defendant to plead guilty by promising him that if it accepts his . plea it is bound te impose the sentence specified in the Type-C agreement (12 years) and . consequently does accept the agreement can that judge subsequently find that the defendant ‘breached the agreement and therefore impose a greater sentence (22 years) without giving oo _ that defendant an opportunity to withdraw his plea)? _ i . ~ 3. Cana judge subsequent to accepting a defendant's guilty plea pursuant to a Type-C agreement ——10r-a specific sentence (12 years) thereafter find that he has breached the contract by exercising his First Amendment and therefore impose a greater sentence (22 years) rather than specified sentence (12 years) without giving that defendant an opportunity to withdraw his plea? 4. Can a defendant be found to have breached a Type-C agreement for a specific sentence ( 12 years) by exercising his First Amendment right? O “ 6. Must a breach of a plea agreement by a defendant be rationally related to a legitimate governmental purpose in order for the judge to find a material breach of the agreement? ae