James A. Ballard v. Dave Paskett and the Attorney General of the State of Idaho

972 F.2d 1336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James A. BALLARD, Petitioner-Appellant, v. Dave PASKETT and the Attorney General of the State of Idaho, Respondents-Appellees. No. 90-35794. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Aug. 26, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Habeas corpus. Once Ballard jumped bond, Idaho was no longer bound to recommend a ten-year sentence. After a careful review of the record, including the transcript of the plea hearing, we agree with the Idaho Supreme Court that Ballard's breach freed Idaho from its obligation to recommend a specific sentence. 3 Ballard relies heavily on a recent Second Circuit decision, Innes v. Dalsheim, 864 F.2d 974 (2d Cir.1988), cert. denied, 493 U.S. 809 (1989). The Second Circuit, however, has expressly rejected the contract analogy this court applies in evaluating plea agreements. Compare United States ex rel.…