What is the test for modifying Rule 11(e)(1)(A)(A) or (C) plea agreements?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mukai, 26 F.3d 953 (9th Cir. 1994):
Despite the general prohibition against modifying Rule 11(e)(1)(A) or (C) plea agreements, the district court, relying on our decision in United States v. Fernandez, 960 F.2d 771 (9th Cir.1992) (per curiam), nonetheless concluded that in this circuit the general rule will give way in a case presenting "exceptional circumstances." In Fernandez, we stated that:
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