How do we review plea agreements?

MultiRegion, United States of America

The following excerpt is from United States v. Green, 897 F.3d 443 (2nd Cir. 2018):

We review plea agreements, including waivers of the right to appeal, de novo and in accordance with general principles of the law of contract. See United States v. Padilla , 186 F.3d 136, 13940 (2d Cir. 1999). Since plea agreements waive defendants fundamental constitutional rights, we construe their terms strictly against the government, "hold[ing] prosecutors engaging in plea bargaining to the most meticulous standards of both promise and performance." United States v. Lawlor , 168 F.3d 633, 636 (2d Cir. 1999) (citation omitted).

Other Questions


In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
When a husband breaches a life insurance agreement that expressly requires the husband to maintain the policy, does the wife have a right to enforce the agreement at the time the husband breached the agreement? ("New York", United States of America)
What is the applicable standard of review and what is the deference required to review? (Canada (Federal), Canada)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
How have the courts interpreted the terms of an agreement or written agreement regarding alimony under the Income Tax Act? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
In what circumstances will the Minister of Citizenship and Immigration review the decision of a visa officer under review? (Canada (Federal), Canada)
What is the standard of review for a motion alleging that the federal government breached a plea agreement by filing a section 5K1.1 motion? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.