U.S. v. ALEXANDER

No. 432, Docket 88-1324.

869 F.2d 91 (1989)

UNITED STATES of America, Appellant, v. Lee ALEXANDER and Kenyon Bajus, Defendants, Lee Alexander, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 21, 1989.


Attorney(s) appearing for the Case

Sara Criscitella, Asst. U.S. Atty., N.D.N.Y. (Louis M. Fischer, Atty., U.S. Dept. of Justice, Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., Joseph A. Pavone, Asst. U.S. Atty., N.D.N.Y., of counsel), for appellant.

Harold J. Boreanaz, (Boreanaz, Baker & Humann, Buffalo, N.Y., of counsel), for defendant-appellee.

Before PIERCE and PRATT, Circuit Judges, and KENNETH CONBOY, District Judge for the Southern District of New York (sitting by designation).


GEORGE C. PRATT, Circuit Judge:

On this appeal we consider the government's novel argument that specific performance is an appropriate remedy when a criminal defendant breaches a plea agreement. Without deciding whether or not Alexander breached this plea agreement, we hold that specific performance of a plea agreement may be granted to the government when the district court, in the exercise of its sound discretion, determines that it is the appropriate remedy.

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