· 11/27/2002
United States v. Raul Franco-Lopez
Citations
- 312 F.3d 984
- 2002 Daily Journal DAR 13395
- 2002 Cal. Daily Op. Serv. 11497
- 2002 U.S. App. LEXIS 24252
- 2002 WL 31667615
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the government’s conduct amounted to a breach of the plea agreement because the government “affirmatively recommended to the Department that ‘role enhancements were considered appropriate.’ ”
- noting, but declining to resolve, the standard of review inconsistency regarding interpretation of plea agreements because “[w]hichever standard we apply, we reach the same conclusion”
- recognizing \the case law uniformly requires sentencing by a different judge\
- remanding for further specification where “the record contain[ed] no indication of what [defendant] actually said in his debriefing, so neither we nor the district court are in any position to judge his truthfulness.”
- “[W]e prefer a contractual interpretation that gives some effect to the government’s apparent promises contained in the agreement[.]”
- courts enforce literal terms of plea agreement
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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