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And in this case it may be a perfectly acceptable plea because it's at the high end of the range.

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The court noted first that the sentence was within the advisory guideline range and explained that a sentence at the high end of the range was justified in light of the severity of Roy's injuries, as well as Mase's substantial juvenile and adult criminal record. The court stated that it had considered all of the factors required by 18 U.

IN RE: Chad Harley MORGAN

Morgan was sentenced three weeks later. At the outset of the sentencing hearing, the court noted that the thirty-seven month term to which the parties stipulated was the maximum sentence under the applicable guideline range but indicated that an upward departure may be appropriate, given the extent of Roy's injuries and Morgan's role in causing them.

So for that reason, we're going to reject the Rule 11 c 1 C stipulated term in this agreement as being unreasonable as a matter of law, not necessarily unreasonable as a matter of fact. After the district court denied Morgan's subsequent request to continue the sentencing hearing another sixty days, Morgan filed in this court an emergency request to stay the sentencing hearing which was granted and the instant mandamus petition. We have noted in various contexts the broad discretion that district courts enjoy when choosing to accept or reject plea agreements.

Following the lead of numerous other circuits, we take this opportunity to emphasize that this court reviews for an abuse of discretion a district court's decision to reject a plea agreement. Federal Rule of Criminal Procedure 11 is the starting point when addressing whether, and under what circumstances, a district court may reject a plea agreement entered into between the government and a defendant.

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Rule 11 clearly vests district courts with the discretion to accept or reject plea agreements, including those that contain a stipulated sentence term. The rule also specifies procedures the district court must follow once it accepts or rejects a plea agreement. However, nowhere does Rule 11 define the criteria by which a district court should exercise the discretion the rule confers, or explain how a district court should determine whether to accept a plea agreement.

In United States v.

The plea agreement did not stipulate a specific sentence or require the government to recommend a particular sentence. Second, we noted that separation of power principles require the judiciary and executive to remain independent.

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  8. By its terms the Miller prohibition of categorical rules does not necessarily apply to a district court's consideration of sentence bargains. This should not surprise. Because there was no sentence bargain implicated in Miller, there was no reason for this court to consider whether the standard applicable to a district court's consideration of a charge bargain should apply in the sentence bargaining context, particularly in light of the different interests implicated by the two types of plea agreements.

    While Miller left open the question of whether a district court may adopt categorical rules to reject sentence bargains, an en banc panel of this court recently held that a district court acts within its discretion when it rejects a sentence bargain after an individualized analysis of the specific circumstances presented. United States District Court, F. The agreement stipulated a month term of imprisonment, but after reading the sentencing memoranda and hearing argument, the district court rejected the agreement, concluding that in light of the defendant's prior record and the circumstances of the charged offense the contemplated sentence would not serve justice.

    The en banc court considered at length whether the district court had thereafter improperly refused to let the defendant either withdraw or stand by his guilty plea. But the court also emphasized both the broad discretion Rule 11 confers on district courts, as well as the requirement that a district court's discretion not be exercised in a vacuum, detached from the particular facts and circumstances of the case before it.

    Further underscoring the necessity that a district court make an individualized assessment of a stipulated sentence's propriety in light of the specific facts and circumstances presented, we explained:. The district court viewed the sentence resulting from [the defendant's] plea bargain as not in the best interest of society, given [his] criminal history and the circumstances of the offense charged. This was a judgment properly within the judicial function.

    It is also a function protected by Rule 11's provision for the rejection of a negotiated plea agreement when the court believes a sentence is too lenient or otherwise not in the public interest.

    This petition therefore presents a question not directly answered by either Miller or Ellis: Whether, when considering a sentence-bargain plea agreement, a district court must provide individualized reasons for rejecting the agreement, based on the specific facts and circumstances presented. The answer to that question is yes.

    United States Court of Appeals,Ninth Circuit.

    We are mindful of the distinctions Miller drew between charge and sentence bargaining and the differing separation of powers concerns attached to each type of plea agreement. However, we are not persuaded that those differences require, or authorize, the categorical rejection of a sentence bargain independent of any consideration of the specific circumstances giving rise to the bargain. Broke a sweat trying to though. The HTML5 site just isn't cutting it anymore.

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