By: WISCONSIN LAW JOURNAL STAFF//October 21, 2014//
U.S. Court of Appeals for the 7th Circuit
Criminal
Habeas Corpus — breach of plea agreement
Where the state did not breach the plea agreement, defense counsel was not deficient for failing to object.
“Here, the prosecutor addressed the pertinent sentencing factors that the court had to consider, and recommended a sentence of twenty years. We agree with the state court and district court that the prosecutor’s remarks did not undermine the State’s sentence recommendation and ‘balance[d] [the state’s] duty to convey relevant information to the sentencing court against its duty to honor the plea agreement.’ Although the prosecutor’s arguments emphasized negative information, it seems that there wasn’t much positive to be said about Campbell or the offense. Further, the prosecutor’s arguments supported the position that a significant sentence was appropriate. A bifurcated sentence of twenty years is not an insignificant sentence, and five to seven years is not a short term of imprisonment. With one possible exception addressed below, we conclude that the state court reasonably determined that the prosecutor’s resentencing arguments did not materially and substantially breach the plea agreement.”
Affirmed.
Appeal from the United States District Court for the Western District of Wisconsin, Reinhard, J., Tinder, J.