2 ms·
>plea offers are not binding on the court and are presented as optional suggestions for the judge to consider during sentencing That's not entirely true. Ther
by downandout 14y ago
>plea offers are not binding on the court and are presented as optional suggestions for the judge to consider during sentencing
That's not entirely true. There are two basic types of pleas. One is a sentence recommendation - the government recommends a sentence, but the court is free to do what it wants and the defendant cannot withdraw the plea if they are unhappy with the sentence. However, rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure allows for plea agreements under which the court may only either accept or reject the plea and the stipulated sentence; it cannot change the sentence. If the court rejects a plea made under this rule, the defendant is free to withdraw their plea and go back to square one (face a trial). The Rule that the plea is being made under is always specified in the plea agreement in writing. I don't know which type they were discussing, but he would have had to be insane to plead guilty to 13 felonies and not insist on an 11(c)(1)(C) plea.
He may have been stressed not over the initial sentence, but over the the consequences. For one thing, he would have been under federal Supervised Release for a period of either 3 or 5 years, during which a judge could have barred him from using a computer or the Internet. Any violation of these rules could have then yielded an instant sentence of up to the length of supervision - either 3 or 5 years - even if the violation occurred on the last day of his supervision. These types of restrictions are put in place all the time.
Finally, pleading guilty to 13 felonies may have been problematic from a criminal history point of view. If he were ever charged with anything in the future, the judge or prosecutor would be unlikely to show mercy on someone that has 13 felonies on their record. In some states, any prosecution for a felony subsequent to this deal would have qualified him for a three strikes/habitual offender status and an accompanying life sentence (Nevada being one, for example, that does not distinguish between violent and non-violent felonies for purposes of three strikes sentences - a felony DUI in Vegas after this plea would have earned Aaron a life sentence).