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Defendant breached plea agreement by fleeing to Mexico

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A defendant was unable to convince the 7th Circuit Court of Appeals that despite his decision to flee the country for five years before he was sentenced in a drug case, the government should have to stick to the terms of his original plea agreement.

In United States of America v. Javier Munoz, 12-3351, Munoz agreed in 2007 to plead guilty to two cocaine charges. He was released on his own recognizance by promising to appear at all court proceedings and remain in the district. But before sentencing, he fled to his native Mexico, where he remained until U.S. Marshals caught him five years later.

When he was sentenced, the District Court applied a higher base offense level than what was agreed to in the 2007 plea, reasoning Munoz lost the benefit of his plea agreement when he fled. The judge imposed a sentence of 121 months for the drug charges, with an additional 60 months for fleeing the country. This sentence was 29 months below the bottom of the advisory guideline.

Munoz argued on appeal that the government wasn’t free to repudiate the plea agreement despite his flight because the agreement didn’t contain express language permitting it to do so.

“[A] defendant breaches a plea agreement when he absconds before sentencing even if the agreement is silent on the subject,” Judge David F. Hamilton wrote. “Even in the absence of a statement in a plea agreement itself explicitly requiring the defendant to show up for sentencing, any reasonable defendant has a common-sense understanding that he must not flee the country.”

Munoz also argued that the government got all it bargained for – a guilty plea preventing Munoz from going to trial – so it was not substantially harmed by his flight.

“But it is not as though Munoz had a flat tire while driving to the scheduled sentencing and made himself available for sentencing the next day. Because Munoz spent five years on the run, the government got much less than it bargained for. Although Munoz’s eventual capture ensured that the government obtained some benefit from his guilty plea – the benefit of avoiding trial – the government also devoted resources to finding, arresting, and extraditing him, and it faced the possibility that he would never be punished for his crimes,” Hamilton wrote.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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