FLOWERS

v.

COUGHLIN, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS, ET AL.

Citator

Cited By (19 total)

• United States v. Howard, 894 F.2d 1085 (9th Cir. 1990)
  …) (circuit court resolved similar plea agreement dispute because factual hearing would not be helpful.) The government will be held strictly to the terms of a plea agreement. United States v. Read, 778 F. 2d 1437, 1441 (9th Cir.1985), cert. denied, 479 U.S. 835, 107 S.Ct. 131, 93 L.Ed.2d 75 (1986). Howard argues that in order to strictly hold the government to the plea agreement in this case, this court should bar the government from addressing on appeal whether the district court erred when it held that H…
• United States v. Virgile Jeffrey Barrett (88-6410) & Jeffrey B. Dolan (88-6411), 890 F.2d 855 (6th Cir. 1989)
  …8). Reviewing the record at the time of the entry of the plea so as to ascertain the parties’ understanding of the terms of the plea agreement, see Sutton, 794 F. 2d at 1423; United States v. Read, 778 F. 2d 1437, 1442 (9th Cir.1985), cert. denied, 479 U.S. 835, 107 S.Ct. 131, 93 L.Ed.2d 75 (1986) we find that the terms of the plea agreement were not breached by the government’s objection to a sentence reduction for Dolan’s acceptance of responsibility. At the entry of the plea, the district court noted th…
• United States v. Sharp, 941 F.2d 811 (9th Cir. 1991)
  …nc-ing. II. DISTRICT COURT ERROR IN ACCEPTING PLEA We treat the question of whether a plea was made knowingly as a factual matter to be reviewed under the clearly erroneous standard. U.S. v. Read, 778 F. 2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835, 107 S.Ct. 131, 93 L.Ed.2d 75 (1986). While the ultimate question of whether a plea was entered voluntarily is to be re [*816] viewed de novo. Iaea v. Sunn, 800 F. 2d 861, 864 (9th Cir.1986). See also Marshall v. Lonberger, 459 U.S. 422, 431-32, 103…