United States v. Truong Quang Quach

Defendant Truong Quang Quach (“Defendant”) appeals his 30-month sentence for misprision of felony, which the district court imposed after he pled guilty pursuant to a written plea agreement. Defendant asserts that the government breached the plea agreement at the sentencing hearing (1) by making a statement in violation of its obligation to recommend sentencing at the low end of the applicable United States Sentencing Guidelines range, and (2) by not filing a motion pursuant to § 5K1.1 of the Sentencing Guidelines for a downward departure for his substantial assistance to the government.

We conclude that the government complied with its obligation to recommend that Defendant be sentenced at the low end of the Sentencing Guidelines. We hold, however, that the government failed to make the requisite determination whether Defendant had provided substantial assistance prior to sentencing to warrant a § 5K1.1 motion. Although we hold that the government erred by refusing to make this determination, we express no view about whether the government should have moved for a downward departure un der § 5K1.1. Accordingly, we vacate Defendant’s sentence. In light of the district…