Legal Opinion · Dissent

Byrd v. United States

District of Columbia Court of Appeals

Decided June 6, 2002No. 99-CO-164Published

1DissentRuiz, Associate Judge

Although I agree with the majority that there is no basis for us to direct that appellant’s guilty plea be withdrawn, I disagree with its remedy for the prosecutor’s failure to abide by the terms of the plea agreement because it unnecessarily interferes with the trial court’s broad discretion in sentencing and gives appellant more than he was entitled to under the agreement.

As an appellate court, we generally have no authority to direct the trial court to impose a particular sentence. See Rider v. United States, 687 A.2d 1348, 1353 n. 10 (D.C.1996) (“We have long recognized that the trial…

2Cases cited8 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Anthony Correale v. United StatesCourt of Appeals for the First Circuit · 1973
  3. United States v. Thomas J. BowlerCourt of Appeals for the Seventh Circuit · 1978
  4. United States v. Charles LezineCourt of Appeals for the Seventh Circuit · 1999
  5. United States v. Wolff, TristanCourt of Appeals for the D.C. Circuit · 1997

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API