Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of the plea agreement when the record of the sentencing hearing reflects that the prosecutor disclosed to the sentencing court there was a commitment, not contained in the written plea agreement, to not ask for an upward departure or variance and then advocated for such a sentence?

QUESTION PRESENTED Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of the plea agreement when the record of the sentencing hearing reflects that the prosecutor disclosed to the sentencing court there was a commitment, not contained in the written plea agreement, to not ask for an upward departure or variance and then advocated for such a sentence? ii PARTIES Charles Ray Fulmer, is the petitioner, who was the defendant-appellant below. The United States of America is the respondent, and was the plaintiff-appellee below. iii