Legal Opinion
United States v. Frazier
Court of Appeals for the First Circuit
Decided August 18, 2003No. 02-1824PublishedCited by 66 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
In securing a plea agreement, the government will frequently promise to forego advocacy of an upward departure at a defendant’s sentencing. The government made such a promise in this case. To resolve this appeal, we must determine whether the government, consistent with that promise, could then inform a panel of this court during a prior appeal that the district court “should be free” on resen-tencing to upwardly depart sua sponte if the district court determined that the defendant’s criminal history category under the applicable sentencing guideline, see U.S.S.G. §…
2Cases cited18 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- United States v. SaxenaCourt of Appeals for the First Circuit · 2000
- United States v. Pedro M. Gonzalez-Sanchez, United States of America v. Carlos Latorre, United States of America v. Manuel Parrilla-MarquezCourt of Appeals for the First Circuit · 1987
- United States v. Gilberto Ocasio, A/K/A Gilberto Ocasio AgostoCourt of Appeals for the First Circuit · 1990
- United States v. Barney Canada, A/K/A Byron Levon CanadaCourt of Appeals for the First Circuit · 1992
13 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- United States v. MikutowiczCourt of Appeals for the First Circuit · 2004
- United States v. Matos-QuinonesCourt of Appeals for the First Circuit · 2006
- United States v. ThurstonCourt of Appeals for the First Circuit · 2003
- United States v. Rivera-RodriguezCourt of Appeals for the First Circuit · 2007
- United States v. Ubiles-RosarioCourt of Appeals for the First Circuit · 2017
61 more not listed; retrieve them via the Exa API.