Usdc-Nvr

We must decide whether a district court improperly interjected itself into plea negotiations and, if it did so, whether mandamus is the appropriate remedy in this case.

I

On August 10, 2011, Marcilin Benvin was charged in a fifty-count indictment alleging wire fraud, mail fraud, aggravated identity theft, money laundering, embezzlement, theft from an employee benefit plan, and false statements and concealment of facts in employee benefit plan records. These charges arose from the government’s investigation into Benvin’s actions as president of Cetus Mortgage, a financial services company which filed for bankruptcy protection while Benvin was president. Benvin entered a plea of not guilty to the indictment.

In due course, Benvin and the United States negotiated a plea agreement under Fed.R.Crim.P. ll(c)(l)(A)-(B). Under its terms, Benvin agreed to enter an unconditional guilty plea to one count of embezzlement and theft from an employee benefit plan (“Count 45”). Benvin further agreed that the court could consider all relevant conduct in determining the applicable guidelines sentencing range and stipulated to restitution of $260,000 for the offense of conviction. For…