Sunday, November 3, 2013

United States v. Brechner case brief

United States v. Brechner case brief summary
99 F.3d 96 (1996)

CASE SYNOPSIS
The prosecution challenged a downward sentencing departure by the United States District Court for the Eastern District of New York in a tax evasion case. The trial court held that the prosecution had breached the plea agreement by not moving for the departure after defendant lied in a proffer session.

CASE FACTS
Defendant pleaded guilty to tax evasion pursuant to a plea agreement in which he agreed to cooperate in another investigation. In a debriefing session defendant lied about his misconduct. The prosecution, contending that defendant had breached the cooperation agreement, did not move for a downward departure as originally agreed. The trial court held that the prosecution withdrew in bad faith and included the departure in the sentence. The prosecution sought review. The court vacated the sentence and remanded for resentencing.

DISCUSSION
  • The court held that defendant's lies, although promptly corrected, damaged his credibility as a potential witness in the ongoing investigation and reduced the value of his cooperation. 
  • The court held that defendant's falsehoods justified the prosecution's withdrawal from its agreement to move for a downward departure.

CONCLUSION

The court vacated the sentence and remanded for resentencing. By lying about his past conduct defendant substantially reduced the value of his cooperation and the prosecution acted reasonably in not moving for a downward departure as it had originally agreed to do.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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