Whether the prosecution's conduct in making sentencing arguments outside the pre-sentence investigation report constitutes a breach of the plea agreement in violation of the Fourteenth Amendment

QUESTION PRESENTED I. Under Mabry v. Johnson, the prosecution may not breach a term of a plea agreement that can be said to have induced a plea, although jurisdictions are divided as to whether an implicit repudiation constitutes a breach. Below, the prosecution agreed to make sentencing arguments “based upon” the PreSentence Investigation, before making arguments with material outside the PSI. Does such conduct rise to the level of a contractual breach in derogation of the Fourteenth Amendment? i