United States Ninth Circuit

In the context of analyzing stipulated sentences in plea agreements, district courts must consider individually every sentence bargain presented to them and must set forth, on the record, the court's reasons in light of the specific circumstances of the case for rejecting the bargain. A petition for a writ of mandamus brought after a district court rejected a stipulated sentence called for by defendant's plea agreement with the government is denied but the matter remanded for further proceedings where the district court erred in concluding that the stipulated sentence was "unreasonable as a matter of law."

Appellate Information

• Argued 04/20/2007
• Decided 10/09/2007
• Published 10/09/2007

Judges

• GOODWIN, Circuit Judge:, Before:  ALFRED T. GOODWIN, SIDNEY R. THOMAS, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Linda C. Boone, Assistant United States Attorney, Phoenix, AZ, for the United States of America, real party in interest.


• For Appellees:
  
• Craig Orent, Assistant Federal Public Defender, Phoenix, AZ, for the defendant-petitioner.