Sixth Circuit: United States v. Alejandro Cota-Luna

Court's rejection of plea agreement was an abuse of discretion, as the stated reasons weren't relevant to the defts culpability.  (Deft had no knowledge of the amount of drugs underneath the truck.)

Reassigned on remand.

Concur in J:  legal error in safety valve relief sentencing consideration sufficed for remand.


http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0103p-06.pdf

Eleventh Circuit: USA v. Harlan Salmona

Plea Agreements

District court has Mandamus jurisdiction, not FRCrimP jurisdiction, over motions to enforce a plea deal.

Where a plea agreement's term of rescission allows only the revocation of use immunity, a material breach of the agreement prevents a court's subsequent enforcement under Mandamus of other guarantees.

Concurrence: Material breach justifies total rescission.

http://media.ca11.uscourts.gov/opinions/pub/files/201512569.pdf