United States v. Murray

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Defendant appealed his sentence after he pleaded guilty to drug-related charges. In this case, the government breached the agreement by failing to schedule defendant's superior court pleas to follow his federal sentencing and by recommending that he be sentenced to 33 months' incarceration. The DC Circuit held that the government breached its plea agreement with defendant, but that it could not vacate his sentence because the error was not plain. However, the court remanded defendant's ineffective assistance claim for further proceedings in the district court because plaintiff raised a colorable claim of ineffective assistance by asserting that counsel failed to object to the government's breach of the plea agreement. View "United States v. Murray" on Justia Law