United States v. Robert James Miller

NELSON, Circuit Judge:

This case examines the discretion of a district court judge to reject plea bargains in which the prosecution has agreed to dismiss all except one count of a multiple count indictment. Here, by categorically rejecting all one-count pleas to multiple count indictments, the district court has abdicated its duty to exercise discretion by considering every case individually. We remand and direct the court to exercise its discretion in compliance with this opinion. FACTS AND PROCEDURAL POSTURE

Appellant Robert Miller was indicted for three counts of armed bank robbery in…