How did prosecution get around santobello in united states

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When a plea agreement is made, the parties are expected to honor the agreement. In Santobello v. New York, 404 U.S. 257 (1971) the U.S. Supreme Court held that breach of a plea agreement by the prosecution makes the resulting sentence invalid, and the defendant must be resentenced in accord with the agreement or given the option to withdraw the guilty plea. The materiality of the breach is not relevant, and the harmless error rule does not apply. How did the prosecution get around Santobello in United States v. Purser, 2014 WL 747 F.3d 284 (5th Cir. 2014), where the government agreed to ask for a four-offense-level enhancement, but then asked the judge for a six-offense-level enhancement.

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Reference no: EM133561244

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