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· 3/9/1989

United States v. John Moscahlaidis

Citations

  • 868 F.2d 1357
  • 1989 U.S. App. LEXIS 2709

How courts have described this case

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

  • holding that if the government breaches the plea agreement, the District Court can either order specific performance of the agreement or allow withdrawal of the plea
  • recognizing that Santobello requires a prosecutor to keep his promises
  • recognizing that Santobello requires a prosecutor to keep his promises
  • reviewing a district court's determination that the government did not breach a plea agreement
  • reviewing challenge to prosecution’s statements extremely derogatory of the defendant and specifically intended to influence a harsher sentence, where prosecutor had agreed “not take a position relative to whether or not a custodial sentence shall be imposed ... .”
  • “In this circuit, ‘the government must adhere strictly to the terms of the bargain it strikes with defendants.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hutchinson, Scirica, Nygaard

Read full opinion on CourtListener

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.