In the Courts

In United States v. Norris, 04-2073 (8^th Cir. Mar. 10, 2006), the Eighth Circuit held, in a case of first impression in the circuit, that a defendant can compel specific performance of a signed plea agreement even if the government attempts to withdraw from the agreement before it has been accepted by the court.

The defendant had agreed to plead guilty to a single count of an eight- count drug charge, and signed a plea agreement to that effect, as did the federal prosecutor. After a new prosecutor took over the case, the government announced that it was withdrawing from the plea agreement and issued a superseding 21-count indictment. The only reason given for withdrawing from the agreement was the prosecutor's opinion that the agreement was 'too good ' a deal' for the defendant. The district court granted the defendant's motion to compel specific performance of the plea agreement and dismissed the superseding indictment. The appeals court upheld the trial court's ruling. The court noted that defendants do not have a due process right to enforce a plea agreement until the agreement is approved by a judge; but the court applied general contract principles and found that defendants do have a right to rely on the good faith of the government in plea negotiations.