Bryan Presley pleaded guilty to conspiring to burglarize pharmacies with the intent to steal controlled substances and assaulting a police officer with his car when he sped away from a burglary scene. Three parts of his plea agreement lead to some tricky questions.
The agreement provisions:
- The parties stipulated that three specific offense characteristics applied to the conspiracy count.
- Under Rule 11(c)(1)(C), the parties agreed that the Court "may not modify" the three stipulations and "[i]f the Court rejects these stipulations either party may withdraw from the agreement."
- Presley waived his right to appeal unless the sentence "is an upward departure from the guideline range that the court establishes at sentencing."
- If the court accepted the plea agreement, what did the parties' agreement bind the court to do under Rule 11(c)(1)(C)?
- Would Presley have the right to withdraw from the agreement if the court imposed additional specific offense characteristics? What about if the court imposed Chapter Three enhancements?
- If Presley did not withdraw from the agreement, would he have the right to appeal if the court sentenced him within a higher guideline range based on additional specific offense characteristics? What about a higher guideline range based on Chapter Three enhancements?