United States v. Colon-Rosario

Summary

The First Circuit held that the government did not breach a plea agreement by describing it as a "sweetheart deal" made to protect the minor victim, because the statement corrected defense counsel's misrepresentation and was not a spontaneous utterance. The court also found no breach in the prosecutor's detailed recitation of aggravating factors or ambiguous variance comment, as the government consistently recommended the agreed 168-month sentence. Because the defendant failed to object below, review was for plain error, and the appeal waiver did not apply since the sentence exceeded the agreement's parameters. The 240-month sentence was affirmed.

Holdings

1. The appeal waiver does not apply because the sentence imposed did not fall within the scope of the waiver.
2. The prosecutor did not breach the agreement because the statement was made in response to defense counsel's misrepresentation and was a duty to correct the record.
3. The prosecutor did not breach because the government has an obligation to supply accurate facts and is not required to soft-pedal them.
4. The prosecutor did not breach because the statement was ambiguous but clarified within moments, and considering the sentencing record as a whole, there is no plain error.

Questions Presented

1. Whether the appeal waiver in the plea agreement bars this appeal.
2. Whether the prosecutor breached the plea agreement by describing it as a 'sweetheart deal' and stating the only reason was to protect the victim.
3. Whether the prosecutor breached the plea agreement by recounting aggravating factors.
4. Whether the prosecutor breached the plea agreement by stating that the nature and circumstances of the offense do not scream for a variance.

Disposition

affirmed