United States v. Robert James Miller

This case examines the discretion of a district court judge to reject plea bargains in which the prosecution has agreed to dismiss all except one count of a multiple count indictment. Here, by categorically rejecting all one-count pleas to multiple count indictments, the district court has abdicated its duty to exercise discretion by considering every case individually. We remand and direct the court to exercise its discretion in compliance with this opinion. FACTS AND PROCEDURAL POSTURE

Appellant Robert Miller was indicted for three counts of armed bank robbery in violation of 18 U.S.C. § 2113 (a)(d) (1976). At his arraignment, Miller plead not guilty. Prior to trial, a plea bargain was negotiated. The bargain called for Miller to plead guilty to one count of armed robbery and for the government to dismiss the remaining two counts. The plea bargain was not contingent upon imposition of a given sentence for the remaining count nor did it require the government to recommend a particular sentence.

On the day set for trial, Miller and the government appeared before the district court to seek approval of their plea bargain, pursuant to Federal Rule of Criminal Procedure 11(e). The…