First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court by David Reutter The United States Court of Appeals for the First Circuit vacated a defendant’s sentence due to the prosecutor’s breach of the parties’ plea agreement, and the Court ordered …

First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand by Richard Resch by Richard Resch In a case of first impression, the U.S. Court of Appeals for the First Circuit held that it may raise sua …

Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held …

Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit explained …

Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Wyoming committed plain error in applying the U.S. Sentencing Guidelines (“Guidelines”) …