Gov't Breached Plea Bargain By Arguing for Enhancements Suggested by Judge

U.S. v. Scott, -- F.3d --, 2006 WL 2106953 (10th Cir. 7/31/06) - the gov't breached the plea agreement by advocating enhancement factors the district judge suggested sua sponte. The plea agreement spelled out factors relevant to sentencing and it was plainly reasonable for the defendant to conclude that the gov't would not argue for additional sentence enhancements. In the plea agreement, the gov't reserved the right to take other positions if new facts developed; the enhancements in question did not involve new facts.