iv TABLE OF CONTENTS—Continued Page A. The Third, Fourth, Eighth and Ninth Circuits have faithfully applied Santobello’s instruction that promises in plea agreements must be binding on the government, applying basic principles of contract law to find that obligations entered into on behalf of the “United States” or the “Government” apply to the federal government throughout the nation .... 9 B. The Second and the Seventh Circuits apply the opposite presumption. They refuse to enforce a promise made on behalf of the “United States” or “the Government” except against the particular United States Attorney’s office which entered into the agreement, unless the agreement expressly reiterates that the term “United States” does in fact mean the entire country as a whole................066 11 II. The Second Circuit’s decision below is wrong and violates the principles set forth in this Court’s prior opinions .......... 12 A. Both Annabi and the opinion below were wrongly decided under Santobello and Giglio ...........cccccccceeeeeee 13 B. Ordinary principles of contract interpretation compel Annabi and Maxwell to be reversed.............:::0000008 14 DOJ-OGR-00000038