When does a federal prosecutor have a duty to make a recommendation to a sentencing judge regarding a defendant's activities between conviction and sentencing?

MultiRegion, United States of America

The following excerpt is from USA v. Maldonado, 215 F.3d 1046 (9th Cir. 2000):

plea bargain, it need not explain its reasons nor make the recommendation enthusiastically. See United States v. Benchimol, 471 U.S. 453, 455 (1985). Moreover, despite a plea agreement to make certain recommendations, the government has a duty to ensure that the court has complete and accurate information, enabling the court to impose an appropriate sentence. See, e.g., United States v. Read, 778 F.2d 1437, 1441-42 (9th Cir. 1986) (prosecutor is obligated to reveal to sentencing judge facts concerning defendant's activities between conviction and sentencing despite government's plea agreement to "take no position on what sentence would be imposed" because parties could not have reasonably understood plea agreement to include a promise to withhold such information).

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