United States Ninth Circuit

Conviction and sentence for drug distribution offenses are affirmed where: 1) once a defendant has stated before the district court his or her intention to enter a guilty plea, it is not an abuse of that court's discretion to accept a prosecutor's filing of enhanced charges against the defendant; and 2) a prosecutor does not act with impermissible vindictiveness when he or she makes good on a plea bargaining threat to enhance charges against a defendant, despite the defendant's willingness to plead guilty unconditionally.

Appellate Information

• Decided 02/08/2011
• Published 02/08/2011

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel