U.S. v. Rachuy

In prosecution on fraud charge to which defendant had pleaded guilty, govt. did not breach plea agreement, even though govt. had: (1) referenced defendant’s lengthy criminal history; (2) failed to recommend that loss amount for charged offense be based solely on dishonored checks used to purchase vehicles mentioned in charge; and (3) not approved defendant’s request for return of his property that was being held by state officials. No breach occurred, even though defendant received longer sentence than that to which he and govt. had agreed, where govt. was required to reference defendant’s lengthy sentence to justify agreed-upon, above-guideline sentence. Moreover, plea agreement authorized Dist. Ct. to include other bad checks drawn on bank accounts used in charged offense when determining loss calculation, and govt. could properly oppose defendant’s request for return of his property, where Dist. Ct. lacked jurisdiction to rule on said request.