United States v. Jose Pedro Garcia

In United States v. Garcia, No. 23-40701 (5th Cir. Aug. 14, 2024) (per curiam), the Fifth Circuit held that the Government did not breach the plea agreement by adopting the PSR’s “determination that Garcia was not entitled to a reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 based on his assault of another detainee while awaiting sentencing.”

The plea agreement obligated the Government to move for a three-level reduction under § 3E1.1, but that obligation only applied “if the district court decided to award the initial two-level reduction under § 3E1.1(a).” Because the district court did not grant that initial reduction, the plea agreement imposed no obligation on the Government to move for a three-level reduction.

This case arose out of the Southern District of Texas where, in our experience, such language is common in the “standard” plea agreement. This case provides a cautionary tale for what is and is not guaranteed to a defendant who accepts such a plea agreement.