CrimLaw_W6_A2

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF Georgia

United States of America		: :
	Plaintiff,	:
	:
vs.		:	Case No.
	:
John Doe,	: :	Judge
	Defendant.	:

motion to enforce plea agreement

The United States of America moves this Court to enforce the plea agreement offered by the United States of America through the U.S. Attorney’s office and accepted by the Defendant.

The moving party should be granted relief because the defendant knowingly, voluntarily and intelligently waived his right to trial and entered into a plea agreement with the State. The Defendant engaged in a meaningful colloquy with the trial court based on Crim. R. 11 and stated on the record that he understood his rights and that he chose to waive those rights and enter into a plea.

Merely now because he is dissatisfied with his plea and his sentence does not provide him with the right to withdraw his plea. The plea agreement clearly described the charge to which the defendant pled guilty, the factual basis underlying the charge, and the maximum penalty.

Plea agreements should be construed as contractual in nature. United States v. Dewitt, 366 F.3d 667, 669 (8th Cir. 2004). The parties knew the benefits they were securing and the rights they were foregoing and the consequences of breaching the agreement. In this case, the only reasonable remedy for the parties is specific performance of the agreement.

Respectfully submitted,

______________________________

JANE DOE

Assistant U.S. Attorney