United States Third Circuit

When analyzing a claim that a defendant has breached a plea agreement, the same standard of review applies as when analyzing a government breach case. The question of whether a defendant breaches his plea agreement is reviewed de novo, and the burden is on the government to prove the breach by a preponderance of the evidence. Finally, the same contract principles that apply in analyzing a government breach also apply to defendant breach cases.

Appellate Information

• Decided 12/31/2007
• Published 12/31/2007

Judges

• Before:  SLOVITER, SMITH and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher J. Christie, United States Attorney, George S. Leone (Argued), Chief, Appeals Division, Newark, NJ, Attorneys for Appellant.


• For Appellees:
  
• Frank P. Arleo (Argued), Jo Ann K. Dobransky, Arleo & Donohue, L.L.C., West Orange, NJ, Attorneys for Appellee.