Ralph Herman Fox, Jr. v. United States
DueProcess FifthAmendment
Whether the district court violated due process and public policy by imposing the statutory maximum sentence despite the government's plea agreement to recommend a lower sentence
Question Presented Whether in affirming the imposition of the statutory maximum sentence of 360 months on Ralph Fox, where (1) Petitioner Fox entered a guilty plea and (2) the government agreed to recommend a sentence of 240 months, the Eleventh Circuit Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, and sanctions such a departure by the district court, as to call for the exercise of this Court’s supervisory powers in that: It violates every notion of fairness, due process, and common sense, and also violates crucial public policy considerations, for the district court to impose the statutory maximum sentence (360 months) on a defendant who entered into a plea agreement with the government, where the record shows that in exchange for the guilty plea, the experienced and highly-qualified Assistant United States Attorney agreed to, and in fact did recommend a sentence of no more than 240 months? i