First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo

by Sam Rutherford

The U.S. Court of Appeals for the First Circuit held that the Government implicitly breached its plea agreement with the defendant where it agreed to recommend a sentence no higher than the top-end of the sentencing Guidelines range by submitting a sentencing memorandum detailing the defendant’s criminal …