United States First Circuit

A district court may not punish the prosecution by granting a defendant a lower than warranted sentence after trial because the government had engaged in "fact bargaining."

Appellate Information

• Decided 11/02/2005
• Published 11/02/2005

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph S. Oteri, with whom Kimberly Homan was on brief, for Rafael Yeje-Cabrera., Juan Ortiz-Lebrón, for Wilfredo Pérez., Lawrence D. Gerzog, for William Olivero., Joseph C. Wyderko, Attorney, Criminal Division, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Heidi E. Brieger, Assistant United States Attorney, were on brief, for the United States of America.