Tuesday, March 27, 2007

District Court Did Not Abuse Discretion In Rejecting Fast-Track Plea Agreement

U.S. v. Macias-Gonzalez, 2007 WL 841625 (3/21/07)(unpub'd) - The district court rejected a plea agreement calling for a sentence below the guideline range pursuant to the fast-track, because the government's fast-track policy prohibited giving a fast-track plea to the defendant, who had a prior crime of violence. The d.ct. offered to reject the plea agreement and deviate to the same sentence contemplated by the parties. The defendant agreed to that deal, but then appealed in hopes of getting an even lower sentence. The 10th held the d.ct. did not abuse its discretion in rejecting the plea because by doing so, the d.ct. helped to maintain the integrity of the fast-track program, which benefits the courts, as well as the government.