01-1236 U.S. v. Matchopatow

By: dmc-admin//August 6, 2001//

Listen to this article

“All the government promised to do in this case was to make a sentencing recommendation. The plea required the government to ‘recommend a 5-level upward departure. …’ The government fulfilled its promise, and the sentencing court disagreed with that recommendation. Matchopatow insists that the government broke the spirit of this promise when it stated that it ‘will support [the district court’s position.’ But despite Matchopatow’s cry of foul, the government never made a promise to stand mute in the face of efforts on behalf of Matchopatow to challenge the sentencing court’s findings. Indeed, the plea agreement specifically contemplated the opposite – that the government could take any position consistent with the sentencing court’s findings.”

Dismissed.

Appeal from the United State District Court for the Eastern District of Wisconsin, Clevert, J., Coffey, J.

Select Region or Brand

Upcoming Event