United States Court of Appeals For the Seventh Circuit
Criminal Procedure — breach of plea agreement
The government did not breach a plea agreement by correctly informing the court that it lacked jurisdiction over an issue raised by the defendant.
“Rachuy’s claim would have merit if he alleged that the government opposed the motions he made in state court. However, the government did not file a motion in opposition to the motion Rachuy filed in state court. When Rachuy made appropriate requests for return of his property in state court, the government lived up to its end of the bargain and did not oppose those requests. Because the government did not oppose Rachuy’s motion, but simply alerted the federal court to the boundaries of its jurisdiction (something this court encourages parties to do), the government did not breach its agreement with Rachuy.”
Appeal from the United States District Court for the Western District of Wisconsin, Conley, J., Williams, J.