Unreported / Non-Citable
Background
Faith Davis pleaded guilty to one count of assault. The district court sentenced her to 46 months in prison followed by three years of supervised release.
Under the plea agreement, the government agreed to move for an additional one-level reduction under U.S.S.G. § 3E1.1(b) if the district court found that Davis qualified for a two-level acceptance-of-responsibility reduction under § 3E1.1(a). Davis did not object at sentencing, but argued on appeal that comments by the government concerning her acceptance of responsibility breached that obligation.
The Court’s Holding
The Fifth Circuit reviewed Davis’s unpreserved breach claim for plain error.
The court held that Davis’s argument depended on an unreasonable interpretation of the plea agreement and that the government therefore did not breach the agreement. It affirmed the judgment.
Key Takeaways
- An unpreserved claim that the government breached a plea agreement is reviewed for plain error.
- A breach claim cannot succeed when it rests on an unreasonable interpretation of the government’s contractual promise.
- The government’s sentencing comments about acceptance of responsibility did not violate its obligation under Davis’s plea agreement.
Why It Matters
The decision underscores that plea agreements are enforced according to a reasonable understanding of their terms. It also illustrates the higher appellate hurdle defendants face when they do not preserve an alleged breach at sentencing.