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· 1/21/1992

United States v. Julio Rivera

Citations

  • 954 F.2d 122
  • 1992 U.S. App. LEXIS 769
  • 1992 WL 6674

How courts have described this case

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

  • instructing that \[t]he government should make it absolutely clear in a plea agreement that a breach by the defendant releases the government from its obligation to recommend leniency but does not release the defendant from the plea of guilty\
  • “[T]he 9 reasonable meaning of the plea agreement is that Rivera’s failure to appear for sentencing . . . would release the government from its obligations to recommend a sentence reduction.”
  • “We look to ‘what the parties to this plea agreement reasonably understood to be the terms of the agreement.’ ” (quoting Paradiso v. United States, 689 F.2d 28, 31 (2d Cir. 1982) (per curiam))
  • “[B]ecause [the defendant] failed to live up to his obligation [under the plea agreement], the government was not required to recommend a sentence reduction. Therefore, the government did not breach the agreement by declining to make such a recommendation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Feinberg, Altimari

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.