United States v. Munoz, No. 12-3351 (7th Cir. 2013)
Annotate this CaseMunoz pled guilty to distributing and possessing cocaine with intent to distribute, but fled to Mexico before sentencing. After five years he was found and extradited. The district court sentenced him to 181 months, which was below the advisory sentencing guideline range. The Seventh Circuit affirmed rejecting arguments that the prosecution breached the plea agreement by advocating a higher base offense level than agreed-to in the plea agreement and recommending a sentence in the middle of the guidelines range rather than at the bottom. The court stated that Munoz materially breached an implied term of the plea agreement, so that the prosecution could treat the plea agreement as rescinded.
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