United States v. Soon Dong Han

Good Law

181 F. Supp. 2d 1039·2002 WL 54585·89 A.F.T.R.2d (RIA) 507·2002 U.S. Dist. LEXIS 1330

United States District Court, Northern District of CaliforniaJanuary 11, 2002CR 01-430 CRBCalifornia3,529 words

Opinion

Breyer, J.

MEMORANDUM AND ORDER REJECTING PLEA AGREEMENT

The parties previously submitted a plea agreement pursuant to Fed.R.Crim.P. 11(e)(1)(B) in which defendant Soon Dong Han unilaterally waives his right to appeal his sentence, including a sentence which is greater than the applicable sentencing guideline range. The Court rejected the agreement on the ground that defendant’s broad waiver was not voluntarily and knowingly made. The government has moved for reconsideration of that finding. After carefully considering the arguments made by the government, and having had the benefit of oral argument, the government’s motion is DENIED.

The Terms of the Plea Agreement

Defendant was charged in a three-count Information with making and subscribing false tax returns in violation of 26 U.S.C. section 7206 (1). The government alleges that defendant underreported his family’s income for the tax years 1996 (Count 1), 1997 (Count 2), and 1998 (Count 3). In the proposed plea agreement, defendant agrees to plead guilty to Count 3 and “to give up [his] right to appeal [his] conviction, the judgment and order of the Court.” Plea Agreement ¶¶ 1-4. The plea agreement also states that defendant agrees “to…

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