UNITED STATES DISTRICT COURT

_____________  DISTRICT OF TEXAS
												
_________________  DIVISION

UNITED STATES OF AMERICA	                 §
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[CLIENT]      	                                         §

DEFENDANT’S MOTION TO ENFORCE PLEA BARGAIN

     COMES NOW [CLIENT], Defendant, and respectfully requests the Court order the Government to enforce its plea bargain offer.   In support of his motion, Defendant would show the Court that:
I.
	On or about -------, the Government and [AFPD], attorney for Defendant, began negotiations for a plea bargain in this cause.  The Government made a plea bargain offer to Defendant’s counsel on ------.  The plea offer was a result of negotiations which included ---------.  On -------, defendant accepted the offer.
II.
	Defendant relied on the offer, and both the Defendant and Prosecutor announced ready to plead guilty on ---------.
III.
	On ------, defense counsel was notified that the Government intended to renege on the plea agreement.  Counsel for the Government maintained that, “at the time I conveyed offer, the ----- was ---------, therefore ------”.
IV.
	Defendant accepted the plea offer in good faith.  The neglect rests with the Government in its failure to ------------------------.  Further the failure to relocate or re-classify this defendant would greatly prejudice Defendant.
	WHEREFORE, Defendant requests the Court not permit the Government  to renege on its covenant.  Defendant further requests that his plea be presented on the agreed terms without opposition by the Government.

						Respectfully submitted,

						BY: __________________________
						Name
						State Bar No. [BAR NUMBER]
						Address
						City, State, Zip
						Telephone 

CERTIFICATE OF SERVICE

	I, __________________, hereby certify that on this the _______ day of [MONTH], [YEAR], a copy of the foregoing motion was hand delivered to the United States Attorney's office at __________________________.

							                                                         
							Attorney for Defendant

UNITED STATES DISTRICT COURT

__________________ DISTRICT OF TEXAS

_______________ DIVISION				

UNITED STATES OF AMERICA	                 §
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[CLIENT]      	                                         §

BRIEF IN SUPPORT OF DEFENDANT’S MOTION 
TO ENFORCE PLEA BARGAIN

     COMES NOW [CLIENT], Defendant, and in support of [HIS/HER] Motion to Enforce Plea Bargain, would show the Court that:
STATEMENT OF THE FACTS
	The controversy here concerns a plea bargain agreement reached on ------,  between the Defendant and the Government.  The Government has reneged on the agreement.  The plea bargaining process in this case began on --------.  The Government offered a plea of --------- years in prison plus,  -------.  
	On -----, defense counsel was notified that the Government intended to renege on the plea agreement.  Counsel for the Government maintained that -------------- .
	The Defendant finds this latest offer unacceptable, and asks the Court to require the Government to honor the plea agreement made on -----.
ARGUMENT
	The “plea bargaining” process is an essential component of our justice system.  Santobello v. New York, 92 S.Ct. 495, (U.S. Supreme Court, 1971).  Plea bargaining ensures that criminal cases are disposed of promptly and with finality, serving the best interests of both the public and the accused.  Id.  The accused is able to limit his probable penalty and thus reduce his exposure and avoid the practical burdens of a trial.  Ex parte Williams, 637 S.W.2d 943, 947 (Tex. Crim. App. 1982).  The State receives the advantage of promptly imposed punishment and protection of scarce judicial resources with the avoidance of trial.  Id.
	Given its importance, the plea bargaining process must be administered fairly.  Santobello, 92 S. Ct. 495, 498.  While plea agreements may be viewed as contractual in nature, the “fairness” owed a defendant during plea bargaining is rooted in the Constitution.  Cooper v. United States, 594 F.2d 12, 16.  Following the landmark U.S. Supreme Court case of Santobello v. New York, courts have not hesitated to intervene when a defendant had been harmed by a breach of a plea agreement.  In response to the Santobello case, the American Bar Association Standards for Criminal Justice were revised and now provide that it is unprofessional conduct for a prosecutor to fail to comply with a plea agreement.  Standard 3-4.2(c), American Bar Association Standards for Criminal Justice (1980).  Parties are compelled by courts to honor plea agreements in two basic situations.  First, when a plea has actually been entered pursuant to an agreement; and second, when a party to a plea agreement has relied on the agreement to his detriment.
	When a guilty plea rests on a promise of the prosecutor, as part of inducement or consideration, the promise must be fulfilled.  Santobello, 92 S. Ct. 495, 499; Gonzales v. State, 868 S.W.2d 854, 857 (Tex. App. - Dallas 1993).  Additionally, when a defendant has suffered harm by relying on a plea agreement, a defendant is entitled to relief.  Courts have demonstrated concern that a defendant not be prejudiced, and allow withdrawal by prosecutors only when a defendant would suffer no detriment from the withdrawal.  See Derusse v. State, 579 S.W.2d 224, 236 (Tex. Crim. App. 1979); Easter v. State, 740 S.W.2d 107, 110 (Tex. App. -- Amarillo 1987); United States v. Melton, 930 F.2d 1096, 1098 (U.S. Court of Appeals, 5th Cir. 1991); United States v. Papaleo, 853 F.2d 16, 18 (U.S. Court of Appeals, 1st Circuit 1988); State ex rel. Gray v. McClure. 242 S.E.2d 704.  77 (West Virginia Sup. Ct. App. 1978); Petty v. State, 532 N.E. 2d 610, 612 (Indiana Sup. Ct. 1989); Allen v. State 465 So.2d 1088, 1090 (Mississippi Sup. Ct. 1985).  Some courts have refused to allow prosecutors to withdraw from plea bargains, even though the withdrawal was attempted prior to the entry of the agreed-on plea by the defendant.  Cooper v. United States, 594 F.2d 12 (U.S. Court of Appeals, 4th Circuit 1979); United States v. Smith, 648 F. Supp. 495 (U.S. District Court, Southern District of Texas, Houston 1986).
	In the instant case a plea had not been entered before the Government reneged on the  agreement.  The Defendant did, however, rely to his detriment on the plea agreement.  Both sides had announced “ready” at a docket call on ----.  In reliance on the ----- plea bargain agreement, the Defendant discontinued preparation for trial the weeks of -----.  The Government revealed in  that -------------------.
 
CONCLUSION
	For the foregoing reasons and in light of the Defendant’s detrimental reliance on the plea bargain, the Court should not permit the Government to renege on its covenant.  The Defendant asks that [HIS/HER] plea be presented on the agreed terms without opposition by the Government.

						Respectfully submitted,

						BY: __________________________
						Name
						State Bar No. [BAR NUMBER]
						Address
						City, State, Zip
						Telephone 

CERTIFICATE OF SERVICE

	I, [AFPD], hereby certify that on this the _______ day of [MONTH], [YEAR], a copy of the foregoing motion was hand delivered to the United States Attorney's office at _____________________________.

							                                                   
							Attorney for Defendant