United States Ninth Circuit

The government breached a plea agreement, after defendant pled guilty to marijuana possession charges, by recommending against a "safety valve" departure without an independent finding by the Probation Department that the safety valve was not applicable because defendant was eligible for an "organizer" role enhancement.

Appellate Information

• Argued 07/11/2002
• Decided 11/27/2002
• Published 11/27/2002

Judges

• Before WARDLAW and BERZON, Circuit Judges, and ISHII, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James B. Rudolph,David Songco, San Diego, CA, for the defendant-appellant., Renée M. Bunker, Assistant United States Attorney, and Jill L. Burkhardt, Assistant United States Attorney, Appellate Section, Criminal Division, San Diego, CA, for the plaintiff-appellee.