United States v. Abdulrasheed Yusuf
993 F.3d 167
| 3rd Cir. | 2021Background
- Campbell was stopped for a partially obstructed plate and verified as the driver; during the stop officers discovered two handguns in the vehicle and charged him under 18 U.S.C. § 922(g).
- Yusuf participated in a check-cashing/identity-theft conspiracy; he pled guilty to conspiracy to commit wire fraud and aggravated identity theft and possessed victims’ IDs.
- Both defendants signed plea agreements that stipulated an agreed Guidelines offense level and expressly prohibited either party from arguing for a sentence outside the resulting Guidelines range or seeking departures/variances.
- At sentencing Campbell (through counsel and allocution) requested noncustodial sentences; the district court nevertheless imposed a one year and one day sentence (below the agreed 30–37 month range).
- Yusuf’s resentencing followed reversal of his original sentence; defense counsel argued proportionality with a co-conspirator’s lower sentence and the district court both adjusted criminal-history and granted a post-conviction variance, imposing a 30-month aggregate term.
- The government appealed both sentences as breaches of the plea agreements; Campbell also cross-appealed the denial of his motion to suppress evidence from the traffic stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Campbell breached his plea agreement by seeking a below-Guidelines sentence | Government: Campbell’s counsel and his allocution explicitly argued for noncustodial sentence, violating the agreement not to seek variances | Campbell: remarks were allocution and urging consideration of §3553(a) factors; did not contest agreed Guidelines range | Court: Campbell plainly breached; vacated sentence and remanded for resentencing by a different judge |
| Whether Yusuf breached his plea agreement by arguing proportionality with co-defendant’s lower sentence | Government: Yusuf affirmatively advocated for a below-Guidelines sentence in breach of the stipulation | Yusuf: counsel merely raised a proportionality fact and was obliged to mention co-defendant’s sentence so the court could consider sentencing fairly | Court: Yusuf breached too (though closer); advocacy went beyond merely presenting facts; vacated sentence and remanded for resentencing by a different judge |
| Whether the traffic stop and its duration violated the Fourth Amendment (Campbell) | Campbell: officer impermissibly prolonged stop by conducting an “eyeball search” while Campbell looked for documents | Government: officer had objective reasons to stop and was reasonably diligent in checking license/registration/insurance; discovery occurred during permissible inquiries | Court: Stop and five-minute interaction were reasonable; denial of suppression affirmed |
Key Cases Cited
- United States v. Williams, 510 F.3d 416 (3d Cir. 2007) (standard for determining when a defendant breaches a plea agreement by arguing outside stipulated Guidelines)
- United States v. Nolan-Cooper, 155 F.3d 221 (3d Cir. 1998) (remedy and enforcement principles for plea-agreement breaches)
- United States v. Badaracco, 954 F.2d 928 (3d Cir. 1992) (government breached plea agreement by undermining stipulation at sentencing)
- Rodriguez v. United States, 575 U.S. 348 (2015) (traffic-stop inquiries that measurably extend duration are unconstitutional)
- Whren v. United States, 517 U.S. 806 (1996) (objective-reasonableness test for traffic stops; subjective motives immaterial)
- Santobello v. New York, 404 U.S. 257 (1971) (importance of enforcing plea bargains)
- United States v. Erwin, 765 F.3d 219 (3d Cir. 2014) (treating plea agreements under contract-law principles and remedies for breach)
