U.S. v. Simmons, s. 75-2355

Decision Date16 July 1976
Docket NumberNos. 75-2355,75-2356,s. 75-2355
PartiesUNITED STATES of America, Appellee, v. Kenneth Paul SIMMONS and Melvin Thomas Lawrence, Appellants.
CourtU.S. Court of Appeals — Fourth Circuit

Gerald M. Richman, Asst. Federal Public Defender, Baltimore, Md. (court appointed), for appellants.

Daniel M. Clements, Asst. U. S. Atty., Baltimore, Md. (Jervis S. Finney, U. S. Atty., Baltimore, Md., on brief), for appellee.

Before WINTER and CRAVEN, Circuit Judges, and WYZANSKI, Senior District Judge. *

WYZANSKI, Senior District Judge.

Defendants, having been indicted, pursuant to 18 U.S.C. §§ 2113(a), (b), (d), and (f), on three counts of bank robbery, pled guilty to Count I. They were sentenced to 18 years', instead of the maximum 20 years', imprisonment. Before defendants pled guilty they entered into a bargain which is described as follows by the government at p. 3 of its brief:

"Basically, the Government agreed to dismiss Counts II and III of the indictment at the time of sentencing, thereby limiting the defendants' exposure to twenty years incarceration under Count I. The Government further agreed that in exchange for the defendants' full, complete, and truthful cooperation regarding this bank robbery the Government would, at the time of sentencing, make a recommendation that the Court impose a fifteen-year term of incarceration. After questioning by the Court, the defendants acknowledged and adopted the plea agreement."

After the bargain, FBI agents interviewed defendants. The prosecution determined that defendants had not made full disclosures, and that they had broken their agreement. The government so notified defendants' counsel on August 4, 1975 and said "that the Government was changing the terms and conditions of the plea agreement." September 26, the prosecutors recommended that the District Court should impose upon each defendant with respect to Count I a sentence of 18 years' imprisonment, and should dismiss Counts II and III. Without adequate evidence to support a finding that defendants had broken their plea bargains, the judge imposed sentences of 18 years' imprisonment.

Defendants appeal, contending that to set aside a judicially approved plea bargain, the prosecution may not act unilaterally but that what is requisite is that, on adequate evidence, a judge must find that there has been a substantial breach of the bargain which the court had approved. We agree with that contention, reverse the sentences, direct that the District Court, first, give the government the opportunity to...

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  • United States v. Link, Case No. 1:14–cr–76
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • October 11, 2016
    ...the district court first determines that the defendant breached an obligation under that agreement. See , e.g. , United States v. Simmons , 537 F.2d 1260, 1261 (4th Cir. 1976) ; United States v. Snow , 234 F.3d 187, 189 (4th Cir. 2000) ; United States v. Brown , 99 F.3d 1131, 1996 WL 607084......
  • Myers v. Frazier, s. 16114
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    • June 27, 1984
    ...United States v. Nathan, 476 F.2d 456 (2d Cir.), cert. denied, 414 U.S. 823, 94 S.Ct. 171, 38 L.Ed.2d 56 (1973); United States v. Simmons, 537 F.2d 1260 (4th Cir.1976); United States v. Donahey, 529 F.2d 831 (5th Cir.), cert. denied, 429 U.S. 828, 97 S.Ct. 85, 50 L.Ed.2d 91 (1976); United S......
  • State v. Myers, 25004.
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    • November 20, 1998
    ...the charges previously covered by the plea agreement." Citing United States v. Nathan, 476 F.2d 456 (2d Cir.1973); United States v. Simmons, 537 F.2d 1260 (4th Cir.1976); United States v. Donahey, 529 F.2d 831 (5th Cir.1976); United States v. Calabrese, 645 F.2d 1379 (10th Under the above c......
  • Falero v. State
    • United States
    • Court of Special Appeals of Maryland
    • June 28, 2013
    ...sentence. Consequently, he loses the possible benefits of the broken plea agreement.”) (citations omitted); United States v. Simmons, 537 F.2d 1260, 1261 (4th Cir.1976) (finding that even after defendant pleads guilty, “the government's obligation to make a [sentencing] recommendation arise......
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