United States Eighth Circuit

A defendant generally has no right to specific performance of a plea agreement where the government withdraws from the agreement before the defendant's associated guilty plea is accepted by the district court. Exceptions to this general rule exist to the extent that the plea agreement specifically contemplates pre-plea performance or if the defendant shows that the government has taken unfair advantage of its withdrawal from the agreement.

Appellate Information

• Decided 04/23/2007
• Published 04/23/2007

Judges

• GRUENDER, Circuit Judge, with whom LOKEN, Chief Judge, WOLLMAN, ARNOLD, RILEY and SMITH, Circuit Judges, join., Before LOKEN, Chief Judge, BRIGHT, WOLLMAN, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER and BENTON, Circuit Judges, en banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bradley J. Schlozman, U.S. Atty., argued, Kansas City, MO (Philip M. Koppe, Charles E. Ambrose, Jr., Asst. U.S. Attys., on the brief), for appellant.


• For Appellees:
  
• Bruce C. Houdek, argued, Kansas City, MO, for appellee.