U.S. v. Kilcrease

Ct. of Appeals dismissed defendant's appeal, which challenged his life sentence imposed after entry of his guilty plea, where plea agreement contained waiver of all issues arising out of defendant's conviction and sentence, even though defendant argued that govt. breached agreement by failing to seek reduction in his sentence under 18 USC section 3553(e) based on his substantial assistance to govt. No breach occurred where plea agreement reserved for govt. right in its discretion to request lower sentence for defendant, and defendant failed to show that prosecutor's reason for not seeking lower sentence, i.e., that defendant's information did not lead to any arrests or charges, was based on any unconstitutional motives or was unrelated to any legitimate govt. end. Moreover, instant promise to evaluate in good faith whether defendant's cooperation warranted section 3553(e) motion provided sufficient consideration for his guilty plea.