Morgan

Chad Harley Morgan (“Morgan”) petitions this court for a writ of mandamus after the district court rejected the stipulated sentence called for by Morgan’s plea agreement with the government. The government does not oppose the petition, and both parties assign error to the district court’s conclusion that the stipulated sentence was “unreasonable as a matter of law.” We deny Morgan’s petition. However, because we conclude that the district court erred, we remand this matter for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

While imprisoned at a detention center on the Hopi Indian Reservation in Arizona, Morgan and fellow inmate Derrick Mase (“Mase”) attacked another man without provocation. Morgan placed the victim in a choke hold, and after Mase punched the victim in the face several times, Morgan threw him to the ground, head first. The victim sustained serious head injuries, leading to approximately one month of hospitalization during which he required a feeding tube, sedation, and intubation. Morgan and Mase were both indicted in the District of Arizona and charged with one count of assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1153 and…