United States v. Jehoni Williams, 821 F.3d 656

Jehoni Kierre Williams pled guilty to one count of intent to distribute cocaine base pursuant to a written plea agreement; three other counts were dismissed.
The Government agreed in the plea agreement to "make a non-binding recommendation to [sentence Williams at] the bottom of the advisory guideline range."
At sentencing Williams’s Guidelines range was 151–188 months; the Government did not make the promised recommendation and Williams received 188 months.
Williams appealed; because he did not raise the issue in district court, the panel reviewed under the plain-error standard.
The Fifth Circuit concluded the Government breached the plea agreement, that the breach was plain error affecting Williams’s substantial rights, and that the breach materially affected the fairness and integrity of the proceeding.
The court vacated and remanded, allowing Williams to elect either to withdraw his plea or to obtain specific performance (resentencing before a different judge with the Government making the promised recommendation).

Issue	Plaintiff's Argument (Williams)	Defendant's Argument (Government)	Held
Whether the Government breached the plea agreement by failing to recommend a low-end Guidelines sentence	The Government promised a recommendation to the bottom of the range and failed to do so, breaching the agreement	Government conceded plain error but argued remedy should be limited to specific performance (resentencing)	Court held the Government breached the plea agreement and that the breach was plain error affecting substantial rights
Proper remedy for a Government breach of a plea agreement	Williams seeks rescission of the plea (withdrawal) as an alternative to specific performance	Government argued only specific performance is appropriate (resentencing with recommendation)	Court held that when government breaches a plea agreement defendant may elect either to withdraw the plea or to seek specific performance; Williams may make a final, counseled election on remand

Puckett v. United States, 556 U.S. 129 (2009) (sets plain-error review framework for preserved vs. forfeited objections)
Olano, United States v., 507 U.S. 725 (1993) (clarifies the four-prong plain-error test)
Hebron v. United States, 684 F.3d 554 (5th Cir. 2012) (error affects substantial rights when there is reasonable probability of a lesser sentence but for the error)
Munoz v. United States, 408 F.3d 222 (5th Cir. 2005) (government’s failure to fulfill plea promise affects fairness and integrity of judicial proceedings)
Gonzalez v. United States, 309 F.3d 882 (5th Cir. 2002) (defendant may seek specific performance or withdrawal when government breaches plea agreement)
Saling v. United States, 205 F.3d 764 (5th Cir. 2000) (discusses defendant’s election to withdraw plea vs. seek specific performance following government breach)
Palomo v. United States, 998 F.2d 253 (5th Cir. 1993) (articulates the two-remedy framework for plea agreement breaches)
Castaneda v. United States, 162 F.3d 832 (5th Cir. 1998) (analyzes materiality of government breach in plea-agreement context)