United States v. Sakellarion, No. 10-2245 (7th Cir. 2011)
Annotate this CaseDefendant, involved in cocaine distribution, provided assistance to investigators to implicate others in exchange for a favorable plea agreement. That agreement required the government to recommend a sentence about half as long as defendant faced under a mandatory minimum sentencing provision. After the district judge accepted the agreement, which contained a waiver of right to appeal, the prosecution and defense continued to negotiate the sentence because of disputes about defendant's criminal history and continuing to test positive for use of opiates. She never moved to withdraw her plea and the agreed-upon sentence of 60 months was imposed. The Seventh Circuit dismissed an appeal, declining to consider whether the government acted in bad faith in not fulfilling an agreement to amend the original plea agreement. The plea agreement contained a waiver of her right to appeal and she never sought to withdraw her plea.
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