Third Circuit Holds That Breach of Agreement Not to Appeal Justifies Government’s Withdrawal of 5K Motion

Third Circuit Holds That Breach of Agreement Not to Appeal Justifies Government’s Withdrawal of 5K Motion

It has become the norm for the Government to insist in plea agreements, cooperating or otherwise, that the defendant waive his/her right to appeal the resulting sentence, as long as the sentence is no more severe than augured by the applicable advisory Sentencing Guidelines range.

California V. Quinones: On the Complexities of Sentencing in Criminal Cases

California V. Quinones: On the Complexities of Sentencing in Criminal Cases

California v. Quinones, a case from the Court of Appeals of the State of California, involved a defendant (“Defendant”) who was convicted on one count of transporting a controlled substance, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a drug offense. Defendant had two prior “strike” convictions under the state three strikes law.