United States v. Barney Canada, A/K/A Byron Levon Canada

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that sentencing court may rely on information derived from a co-defendant's trial before the same judge
• concluding that the government had breached the plea agreement based on explicit and implicit factors
• stating that the government’s “overall conduct must be reasonably consistent with making such a recommendation”
• noting that even where a PSI states there is \no basis\ for a particular sentencing enhancement, \the guidelines themselves provide notice to the defendant\ that \he may be called upon to comment\ on the enhancement
• finding that although “the Assistant United States Attorney informed the court of the plea agreement and noted the existence therein of the government’s promise to recommend only 36 months of incarceration, she never herself affirmatively recommended a 36 month sentence”
• finding breach where \the government's efforts seemed directed at encouraging a higher sentence than the one to which it had agreed\

Source: CourtListener parenthetical corpus (CC0).