United States v. Morris, 633 F.3d 885

Morris charged with possessing more than 50 grams of crack with intent to distribute within 1000 feet of public housing; arrest followed.
§ 851 information requires listing prior convictions before sentencing enhancement; Morris had a 1997 felony drug conviction.
Without § 851 information, Morris faced a 10-year minimum; with information, 20-year minimum.
Government offered not to file § 851 information if Morris pled guilty, waived rights, and cooperated in a related trial; Morris delayed detention hearing.
Government reiterated the offer in Jan–Feb 2009; Morris refused to meet with counsel; information filed after the deadline.
District court struck Morris’s § 851 information, adopting Jones’s reasoning; government appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the take-it-or-leave-it plea offer, conditioned on cooperation, violated due process.	Morris argued the deal coerced waiver of rights and denied fair process.	Morris contends deals may condition pleas on cooperation and do not require extensive bargaining.	No due process violation; upfront offer permissible under Bordenkircher.

Bordenkircher v. Hayes, 434 U.S. 357 (U.S. 1978) (upheld plea pressure as not unconstitutional when alternatives were clear)
United States v. Gardner, 611 F.2d 770 (9th Cir. 1980) (cooperation-based pleas permissible)
People of the Territory of Guam v. Fegurgur, 800 F.2d 1470 (9th Cir. 1986) (cooperation-based pleas permissible)
United States v. Navarro-Botello, 912 F.2d 318 (9th Cir. 1990) (waiver of rights as part of plea bargain permissible)
Weatherford v. Bursey, 429 U.S. 545 (U.S. 1977) (no constitutional right to plea bargain)
United States v. Gonzalez-Zotelo, 556 F.3d 736 (9th Cir. 2009) (upfront best offer acceptable in fast-track contexts)