United States v. Karil Mukai

Opinion by Judge CYNTHIA HOLCOMB HALL.

The government appeals Karil Mukai’s sentence and the district court’s refusal to allow it to withdraw from its plea agreement. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 , and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the questions of law presented in this appeal, see United States v. Fernandez, 960 F.2d 771, 772 (9th Cir.1992), and reverse and remand for resentencing.,

I

Karil Mukai entered into a plea agreement with the government whereby she agreed to enter pleas of guilty to Counts I and II of the indictment. In return, the government agreed to (1) dismiss Count III of the indictment, (2) not prosecute Mukai for other drug-related offenses, including her “bail jumping,” and (3) not seek forfeiture of Mu-kai’s parent’s home, which she had pledged to secure her release on bond before she jumped bail.

With regard to Mukai’s sentence, the agreement provided:

Finding that Mukai had provided substantial assistance, the government filed a motion pursuant to § 5K1.1 permitting the district court to depart from the otherwise applicable guideline range. The district court departed downward and…