United States v. Robert Bolinger

This case asks whether district courts may incorrectly apply the Sentencing Guidelines in plea agreements as long as they sentence under an agreed cap. Because a primary purpose of the Guidelines was to create uniformity in sentencing, see U.S.S.G. Ch. 1, Pt. A, intro, comment., I must respectfully dissent from Part II-A of a decision that allows such broad license to the district courts in contravention of the Sentencing Commission’s intent.

I. ADDITIONAL FACTS

I first think it important to note a few facts that the majority’s opinion has omitted. The initial plea agreement into which the…