United States v. James Lewis Savage

Appellant James Lewis Savage was brought into district court for the purpose of signing a plea agreement negotiated by his lawyer. Prior to any court proceedings, Savage assaulted a deputy United States Marshal and ran from the courtroom. When he was apprehended and returned to the courtroom, the United States withdrew the plea agreement. Savage appeals the district court’s refusal to compel the Government to perform the plea agreement. We affirm.

DISCUSSION

“Plea agreements are subject to contract-law standards of interpretation.” United States v. Fernandez, 960 F.2d 771, 772 (9th Cir.1992) (quotation omitted). Plea bargaining is governed by Rule 11 of the Federal Rules of Criminal Procedure. Under that rule, a trial court retains discretion in rejecting or accepting plea bargains. Fed.R.Crim.P. 11(e)(3)(4); United States v. Maxwell, 368 F.2d 735, 738 (9th Cir.1966). Moreover, a court cannot force a defendant to plead guilty because of a promise in a plea agreement. See Fed.R.Crim.P. 11(c)(3). “Unless and until a court accepts a guilty plea, a defendant is free to renege on a promise to so plead.” United States v. Papaleo, 853 F.2d 16, 19 (1st Cir.1988). The issue presented in…