Case Summaries
Criminal Law & Procedure
[08/20]
US v. Villa-Vazquez
Absent extraordinary circumstances, once a defendant's guilty plea has been accepted by the court, the government is bound by its plea-agreement promises regarding sentencing recommendations even if the plea agreement has not yet been accepted by the court, and even if it is ultimately rejected by the court. A sentence pursuant to a plea to illegal reentry after deportation for an aggravated felony is reversed and remanded for resentencing before a different judge where: 1) the government was bound by a plea agreement after defendant's guilty plea was accepted by the court; and 2) it blatantly violated its promises under the agreement.
[08/20]
US v. Trujillo
An appeal challenging a sentence being a felon in possession of firearms and ammunition, entered following a plea agreement wherein defendant agreed not to appeal his sentence, is dismissed where the government complied with the plea agreement, and consequently the appeal waiver was enforceable.
[08/20]
US v. Gallant
Two defendants' convictions for a variety of fraud-related crimes arising from and related to the operation of a credit card portfolio financed by an FDIC insured bank are affirmed with the exception of two counts, and all four defendants' sentences are vacated and remanded where the district court: 1) made erroneous Guidelines calculations, particularly with respect to amount of loss calculations; and 2) erred in holding that an individual and an entity were not victims under the MVRA, and therefore not entitled to restitution.
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