· 10/4/2023
M.P. v. GUIRIBITEY COSMETIC & BEAUTY INSTITUTE, INC., etc.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that government is not required to explain reasons for its sentencing recommendation unless it agreed to do so in the plea agreement
- holding that there is no requirement for the Government to “enthusiastically” make a certain recommendation or to provide reasons for a recommendation, absent an agreement to do so
- holding error for courts to “imply as a matter of law a term which the parties themselves did not agree upon”
- stating that a criminal defendant has no right to an “enthusiastic” recommendation by the prosecutor in order to achieve compliance with a plea agreement
- holding the prosecutor is not obligated to “enthusiastically” recommend the sentence set forth in the agreement
- holding “it was error for the Court of Appeals to imply as a matter of law a term which the parties themselves did not agree upon” by requiring recommendation to be made “enthusiastically”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.