Thursday, December 07, 2006

Gov't Didn't Violate Bargain by Asking for Enhancements

U.S. v. Young, 2006 WL 3411450 (11/28/06)(unpub'd) - An appeal waiver does not preclude an argument on appeal that the government breached the plea agreement. However, in this case, the government did not violate its promise not to seek an upward departure when it argued for enhancements. Departures and enhancements are different things, even if the defendant contends he didn't know the difference.