AUSA and defendant reach a plea deal for 10 to 16 months; later find out that an enhancement applied that neither side recognized. So the AUSA, being the decent sort, allows the D to back out of the deal and re-plead to a different offense so the unintended consequence (151 to 188 month sentence) doesn't result and both sides get the deal they bargained for.
But then the judge publicly accuses the AUSA of not properly upholding the Ashcroft policy (how that is any of his fucking business, I don't know). He orders the AUSA to prove he's got
the DOJ's approval to plead the case out, because he thinks the local USA has pussed out on Ashcroft's directive too often.
Florida Judge Complains U.S. Prosecutor Is 'Weak-Kneed'
Quote:
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"Maybe this is a bad outcome if we just play by the rules," Moore said. "But maybe it is playing by the rules that will eventually illustrate the wrongs within the system that will enable Congress to adjust the system to put discretion back in the hands of judges."
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I'm sure the defendant appreciates being the victim of the
acknowledged injustice that might eventually result in Congress amending the Guidelines. The guy just admitted he doesn't believe in prosecutorial discretion, but he wants to send a guy to prison for 188 months in order to vindicate
judicial discretion. Nice.
WTF? This esteemed gentleman should STEP DOWN FROM THE BENCH and get appointed USA if he wants to control the prosecutorial function.
