government-breach
18 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6441 | David Joseph Bunevacz v. United States | Ninth Circuit | 2025-01-31 | Denied | Response WaivedIFP | criminal-history due-process government-breach plea-agreement sentencing-guidelines upward-variance | Whether the government's breach of a plea agreement by requesting legally invalid sentencing enhancements and advocating for an upward departure warra… |
| 24-5714 | Gerardo Farias-Contreras v. United States | Ninth Circuit | 2024-10-07 | Denied | Response RequestedResponse WaivedRelisted (4)IFP | circuit-court-variation criminal-procedure government-breach plain-error-review plea-agreement sentencing-recommendation | Does plain-error review of a government's plea agreement breach focus on the scope of commitments to determine if the breach constitutes a 'plain' err… |
| 24-5685 | Okwuchukwu Jidoefor v. United States | Eighth Circuit | 2024-10-01 | Denied | Response WaivedIFP | circuit-court-interpretation contract-law criminal-procedure government-breach judicial-review plea-agreement | Whether the Eighth Circuit's holding that a government breach of a plea agreement can be cured by a partial retraction conflicts with prior Supreme Co… |
| 23-7606 | Tommy Tate Collins v. United States | Eighth Circuit | 2024-05-31 | Denied | IFP | criminal-procedure district-court fair-and-just-standard government-breach judicial-discretion plea-agreement remedy santobello-v-new-york sentencing-remedy | What is the appropriate test or what factors should a district court consider when determining the appropriate remedy, after an appellate court has fo… |
| 23-1193 | Favion Lara v. Nebraska | Nebraska | 2024-05-06 | Denied | Response Waived | breach-of-agreement criminal-procedure due-process government-breach plea-agreement police prosecutor prosecutorial-promise sentencing | Where a plea agreement includes the prosecutor's promise that the State will recommend a particular sentence, does a police officer's recommendation o… |
| 21-7390 | Choya Dwayne Hailey v. United States | Fifth Circuit | 2022-03-16 | Denied | Response WaivedIFP | 5k1.1 5K1.1-motion breach-of-contract criminal-procedure downward-departure government-breach government-discretion plea-agreement sentencing-guidelines | Whether the government breached the supplemental plea agreement |
| 21-5463 | Christopher Jonell Tyler v. United States | Fourth Circuit | 2021-08-24 | Denied | Response WaivedIFP | appellate-review due-process fourth-circuit government-breach judicial-review plain-error plea-agreement sentencing | Whether the Fourth Circuit violated the 'interests of justice' and this Court's ruling in Puckett v. United States |
| 20-1464 | Rahul Ramesh Joshi v. United States | Fifth Circuit | 2021-04-20 | Denied | Response Waived | constitutional-law criminal-procedure due-process government-breach government-misconduct judicial-review plea-agreement resentencing sentencing | Whether the government's breach of the plea agreement constituted a due-process-violation, which required remand-for-de-novo-resentencing |
| 20-1154 | Adan Torres-Nieves v. United States | Ninth Circuit | 2021-02-23 | Denied | Response Waived | 9th-circuit ambiguity ambiguity-resolution defendant defendant-rights government-breach legal-precedent plea-agreement precedent | Did the 9th Circuit depart from precedent in failing to resolve ambiguity in favor of defendant in determining government breach of plea agreement? |
| 20-6703 | Roberto Antoine Darden, aka Dizz-e, aka Javon v. United States | Fourth Circuit | 2020-12-23 | Denied | Response WaivedIFP | district-court factual-dispute fourth-circuit government-breach hill-v-lockhart legal-interpretation plea-bargain plea-contract prejudice prejudice-standard | Whether the government's failure to dispute the factual manifestations of the Petitioner's government breach claim due to the plea contract's accounta… |
| 20-6271 | Cordarryl Antonio Betton v. United States | Fifth Circuit | 2020-11-10 | Denied | Response WaivedIFP | due-process government-breach plea-agreement record-support sentencing sentencing-enhancements | Is a Plea Agreement breached by the government when the prosecutor announces the government's agreed to recommendation to the sentencing court but the… |
| 20-5717 | William Bradner v. United States | Sixth Circuit | 2020-09-16 | Denied | Response WaivedIFP | constitutional-rights criminal-justice-system due-process government-breach plea-agreement plea-bargaining prosecutorial-misconduct sentencing sentencing-level sixth-circuit | Whether the government breaches the bargain of a plea agreement by requesting a minimum sentencing level fifteen years longer than what it had explici… |
| 20-5534 | In Re Marcos Antonio Blancas | 2020-08-31 | Denied | Response WaivedIFP | 28-usc-3231 breach-of-agreement congress-powers congressional-powers district-court-jurisdiction government-agreement government-breach subject-matter-jurisdiction | Whether the government breaching an agreement resulted in the district court losing subject-matter-jurisdiction | |
| 19-5641 | David Anthony Gordon v. United States | Eleventh Circuit | 2019-08-19 | Denied | Response WaivedIFP | appeal-waiver due-process government-breach judicial-assignment judicial-procedure mandatory-minimum plea-agreement safety-valve sentencing sentencing-discretion | Whether the Eleventh Circuit erroneously dismissed portions of the appeal based on an invalid plea agreement waiver |
| 19-5362 | Kasine Deleston v. United States | Second Circuit | 2019-07-26 | Denied | Response WaivedIFP | and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea | Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the … |
| 18-8183 | Gregory Frank Sperow v. United States | Ninth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision | Whether the government can breach a Rule 11(c)(1)(c) plea agreement concerning the return of seized properties and then rely on the agreement's waiver… |
| 18-7740 | Esequiel Joel Rodriguez v. United States | Fifth Circuit | 2019-02-04 | Denied | Response WaivedIFP | acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment | Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal |
| 18-7418 | Derrick T. Seals v. United States | Eighth Circuit | 2019-01-15 | Denied | Response WaivedIFP | 851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release | Did government breach plea agreement/contract when defendant never agreed to enhancement? |