Extracted Text
QUESTION PRESENTED
This Court long has recognized that “when a plea
rests in any significant degree on a promise or
agreement of the prosecutor, so that it can be said to
be part of the inducement or consideration, such
promise must be fulfilled.” Santobello v. New York, 404
US. 257 (1971). And, of course, it is well settled that
plea agreements and non-prosecution agreements are
interpreted using ordinary principles of contract
construction, requiring that the plain language of the
agreement must govern interpretation and _ that
ambiguities must be resolved against the Government.
Nevertheless, Circuits are split on whether promises
in a plea agreement in one district on behalf of the
“United States” or the “Government” binds the
Government in other districts.
The question presented here is:
Under Santobello and common principles of contract
interpretation, does a promise on behalf of the
“United States” or the “Government” that is made by a
United States Attorney in one district bind federal
prosecutors in other districts?
(i)
DOJ-OGR-00000035