United States v. Richard Gerace

GOODWIN, Circuit Judge:

Richard Gerace argues that he is entitled to a new sentencing hearing or to withdraw his plea of guilty because the government breached a plea agreement providing that it would “stand silent at sentencing” when it argued against leniency at a subsequent probation revocation hearing. In addition, Ge-race contends that the district court violated Fed.R.Crim.P. ll’s prohibition against judicial participation in the plea bargaining process when it modified the original sentence. We affirm.

I

Gerace was indicted on April 20, 1989, in the Western District of New York on three…