For the second time in four years, a federal appeals court has rebuffed the attempt of a district judge to impose a tough sentence on an international drug smuggler who violated his plea agreement but nonetheless had the support of the government for "significant" consideration. A three-judge panel said that Eastern District of New York Judge Thomas Platt wrongly took into account what he perceived to be a government practice of automatically voiding plea agreements that have been violated by the defendant.
2nd Circuit Again Rebukes Judge Over Sentence in International Drug Case
New York Law Journal
June 4, 2009