Posted On: March 25, 2009
CALIFORNIA FEDERAL DEFENSE: GOVERNMENT'S VIOLATION OF PLEA AGREEMENT IS OKAY IF THERE IS NO OBJECTION AT SENTENCING
The Defendant's claim that the Government violated the terms of plea agreement, otherwise forfeited by counsel's failure to object, is subject to plain-error standard of review under Rule 52(b) of the Federal Rules of Criminal Procedure. Note this is compelled by the federal rules. It does not have a constitutional underpinning.
Puckett v. United States (U.S. Sup. Ct., 3/25/09, 07-9712) 09 C.D.O.S. 3748
