United States v. Gregory Obey
2015 U.S. App. LEXIS 10672
| 4th Cir. | 2015Background
- Obey pled guilty on remand to cocaine distribution and aiding and abetting; plea agreement included government recommendation of an eighteen-year term.
- District court sentenced Obey to 240 months and ordered the sentence to run consecutive to any other State or Federal sentence, including an unimposed state murder charge.
- During sentencing, the Government argued for the eighteen-year sentence based on extensive plea negotiations and other considerations.
- Obey timely appealed, challenging both the plea-breach claim and the consecutive-sentencing order.
- The court denied relief on the plea-breach claim, holding no breach occurred, and addressed the consecutive-sentencing issue under Setser v. United States.
- The Fourth Circuit affirmed, concluding no reversible error on the plea-breach claim and affirming the overall judgment while applying plain-error review to the Setser-based challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the government breach the plea agreement? | Obey | Obey | No plain error; no breach found |
| May a district court order a sentence to run consecutively to an anticipated future sentence (state or federal)? | Obey | Obey | Order not authorized to run to any future sentence; not plainly erroneous |
Key Cases Cited
- United States v. Benchimol, 471 U.S. 453 (U.S. 1985) (government not required to explain reasons for a sentencing recommendation unless agreed)
- United States v. Dawson, 587 F.3d 640 (4th Cir. 2009) (enforce plea agreements to promises actually made)
- United States v. Brown, 500 F.2d 375 (4th Cir. 1974) (prosecutor's reservations about a plea can violate the agreement)
- United States v. Grandinetti, 564 F.2d 723 (5th Cir. 1977) (prosecutor's expressed doubts about legality/propriety of plea)
- United States v. Smith, 472 F.3d 222 (4th Cir. 2006) (ex ante authority limits on consecutive sentencing to anticipated sentences)
- Setser v. United States, 132 S. Ct. 1463 (Supreme Court 2012) (district courts may order consecutive to an anticipated state sentence; scope later debated)
- United States v. Montes-Ruiz, 745 F.3d 1286 (9th Cir. 2014) (commentary on Setser and consecutive sentencing guidance)