Puckett v. United States
Criminal Law and Procedure, Sentencing, Plea Agreements
I. Did the Fifth Circuit violate the doctrines set forth in Santobello v. New York, 404
U.S. 257 (1971) when it applied a “plain error” standard of review to Defendant’s
appeal based on the government’s admitted breach of the plea agreement and
Defendant did not object to said breach at the time of sentencing?
II. Even if “plain error” is the correct standard of review when a defendant does not
object at sentencing to the Government’s breach of a plea agreement, did the Fifth
Circuit err when it failed to find “plain error” was established when the breach of the
plea agreement was admitted and the plea was obtained in exchange for clear
promises that the Government failed to keep?
Lars Robert Isaacson
United States Department of Justice
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