115 F.4th 141
2d Cir.2024Background
- Victor Rivera pled guilty to a Hobbs Act robbery conspiracy under a plea agreement that stipulated to a sentencing range based on criminal history information "now available" to the government.
- After the plea, the Probation Office discovered additional prior convictions in Puerto Rico not accounted for in the plea agreement, raising Rivera's criminal history category and resulting in a higher Guidelines range.
- The government advocated for this higher sentencing range at Rivera's sentencing, arguing the new information justified it.
- Rivera appealed, claiming the government breached the plea agreement by relying on criminal history information it could have obtained earlier and by characterizing him as a leader.
- Rivera also challenged the reasonableness of his sentence and sought resentencing under a new Sentencing Guidelines amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did government breach plea by relying on new info? | Government used criminal history it could have gotten | Info was not known when deal made; was "new" for enhancement | Government breached, but error was not “plain” |
| Gov’t describe Rivera as a leader in sentencing? | This violated plea, which omitted leadership enhancement | Was only a factual statement, not a Guidelines adjustment | No breach; statements allowed under plea terms |
| Procedural/substantive reasonableness of sentence | Sentence too high, court misunderstood its discretion | Court properly calculated range, considered §3553(a), weighed facts | Sentence both procedurally & substantively reasonable |
| Remand for resentencing under amended Guidelines? | New amendment would reduce offense level retroactively | Amendment is substantive, must be raised in district court first | Not grounds to remand at this stage |
Key Cases Cited
- Santobello v. New York, 404 U.S. 257 (requirement that government keep promises in plea agreements)
- United States v. Pimentel, 932 F.2d 1029 (encouraging full sentencing info in plea offers)
- United States v. Wilson, 920 F.3d 155 (strict construction of plea agreements against the government)
- United States v. Cavera, 550 F.3d 180 (broad discretion of sentencing judge)
- Gall v. United States, 552 U.S. 38 (standards for substantive reasonableness of a sentence)