United States v. Hunter, No. 15-12640 (11th Cir. 2016)Annotate this Case
Defendant pleaded guilty to drug-related charges and then appealed his 60-month sentence. Defendant contends that the government breached the plea agreement by failing to recommend a reduction for acceptance of responsibility at sentencing. The court agreed and concluded that defendant was induced to plead guilty to all charges against him based, in part, on the promise that the government would recommend the reduction on his behalf. The government not only failed to recommend the reduction at sentencing, but also objected to and argued against defendant receiving the reduction based on facts it knew prior to offering the plea deal. Because this conduct constitutes a breach of the agreement entered into by the parties, the court vacated defendant's sentence and remanded for resentencing.