Wade v. United States

1 Analyses of this case by attorneys

  1. Government Promise to File Substantial Assistance Motion Enforced

    Federal Public Defender Office, District of New MexicoShari AllisonMarch 9, 2018

    Mr. Doe moved for enforcement of the plea agreement on the ground that the government did not act in good faith in refusing to exercise its § 3553(e) discretion. The district court refused to even consider the motion on the grounds that an unpublished 10th decision, relying on Wade v. U.S., 504 U.S. 181, 186 (1992), precluded such a motion because the agreement left the § 3553(e) motion up to the government's discretion . There is a split in the circuits on this issue. The government's plea agreement promise included the promise to act in good faith when deciding whether to file a § 3553(e) motion.