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Category: Plea Agreements

Plea Agreement Not Violated, But Sentence Vacated and Remanded for Reconsideration of Hobbs Act Robbery Enhancements

In United States v. Oneal, 18-1710 (May 27, 2020) (Katzmann, Kearse, Bianco), the Second Circuit limited the scope of the Hobbs Act robbery Sentencing Guidelines enhancements for possessing a dangerous weapon and for physical restraint, vacating and remanding for consideration of whether the enhancements applied under the strict standards announced by the court.  However, the court rejected Defendant-Appellant Xavier Oneal’s argument that the government had violated the terms of his plea agreement by siding with the Probation Office’s recommendation that the enhancements applied, even after not including the enhancements in its pre-plea Guidelines stipulation with the defendant.  On remand, given the law and the facts in the panel’s opinion, it would appear that the defendant may receive a reduced sentence.