United States v. Boucher, No. 18-5683 (6th Cir. 2018)
Annotate this CaseBoucher pleaded guilty to assaulting a member of Congress. The government sought a 21-month sentence, at the low end of Boucher’s guidelines range. The district court sentenced Boucher to 30 days’ imprisonment. The Sixth Circuit denied Boucher’s motion to dismiss the government’s appeal. Boucher’s plea agreement says nothing about waiving the government’s right to appeal. The prosecutor agreed to seek a 21-month sentence and recommend an acceptance-of-responsibility reduction in return for the agreement and kept that promise, so the plea was supported by consideration. In addition, U.S. Attorneys have no right to control appeals by the government. That authority rests with the Solicitor General. The written plea agreement “supersede[s] all prior understandings, if any, whether written or oral, and cannot be modified other than in writing signed by all parties or on the record.” Whatever Boucher may have believed, the four corners of the plea agreement restrict his appellate rights, not the government’s or anyone else’s.
The court issued a subsequent related opinion or order on September 9, 2019.
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