United States v. Velez Carrero

CYR, Circuit Judge.

Defendant-appellant Moisés Velez Carrero (“Velez”) appeals his sentence on the ground that the government breached its plea agreement (“the Agreement”) by failing to recommend that there be no adjustment pursuant to § 3B1.1 of the United States Sentencing Guidelines. We agree.

“Because plea bargaining requires defendants to waive fundamental constitutional rights, we hold prosecutors engaging in plea bargaining to ‘the most meticulous standards of both promise and performance.’ ” United States v. Clark, 55 F.3d 9, 12 (1st Cir.1995) (citation omitted). In the Agreement, the…