U.S. v. Gaona

Federal 7th Circuit Court
Criminal Court
Guilty Plea
Case Number: 
No. 12-2039
Decision Date: 
October 5, 2012
Federal District: 
E.D. Wisc.
Defendant alleged in instant appeal that govt. breached plea agreement by expressing specific sentence recommendation in response to defense counsel’s argument during sentencing hearing. Ct., though, found that defendant waived any error by agreeing to proceed with sentencing hearing after Dist. Ct. had continued sentencing hearing to allow defendant opportunity to consider how to proceed after prosecutor indicated that defendant should not be placed on probation. Moreover, defendant decided to continue with sentencing hearing without moving to withdraw her plea or asking that different judge preside over sentencing hearing.