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.