United States Third Circuit

In the context of plea agreements and criminal sentencing, the government may withdraw a downward departure motion when a defendant agrees not to violate the law and a written plea agreement reserves to the government the right to withdraw the motion upon that occurrence. A sentence for drug-related offenses is affirmed where, based on the terms of the plea agreement and the evidence establishing defendant's drug trafficking activity, the government neither breached the agreement nor acted in bad faith when it sought to withdraw a downward departure motion.

Appellate Information

• Argued 10/25/2007
• Decided 01/10/2008
• Published 01/10/2008

Judges

• Before:  SLOVITER, CHAGARES and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jeffrey M. Lindy, (Argued), Lindy & Associates, Philadelphia, PA, Attorneys for Appellant.


• For Appellees:
  
• Robert A. Zauzmer, (Argued), Karen L. Grigsby, Thomas P. Hogan, Jr., Office of the United States Attorney, Philadelphia, PA, Attorneys for Appellee.