United States v. Ruiz

536 U.S. 622 (2002)

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Nature of the Case

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Facts

Immigration found 30 kilograms of marijuana in Angela Ruiz's (D) luggage. D was offered a 'fast track' plea bargain. It asks a defendant to waive indictment, trial, and an appeal. In return, the Government agrees to recommend to the sentencing judge a two-level departure downward from the otherwise applicable United States Sentencing Guidelines sentence. In D's case, a two-level departure downward would have shortened the ordinary Guidelines-specified 18-to-24-month sentencing range by 6 months, to 12-to-18 months. The standard agreement specifies that 'any [known] information establishing the factual innocence of the defendant' 'has been turned over to the defendant,' and it acknowledges the Government's 'continuing duty to provide such information.' At the same time, it requires that the defendant 'waive the right' to receive 'impeachment information relating to any informants or other witnesses' as well as the right to receive information supporting any affirmative defense the defendant raises if the case goes to trial. D would not agree to this last-mentioned waiver, and the offer was withdrawn. The Government then indicted D for unlawful drug possession. D ultimately pleaded guilty. D asked the judge to grant her the same two-level downward departure that the Government would have recommended had she accepted the 'fast track' agreement. The Government opposed her request, and the District Court denied it, imposing a standard Guideline sentence instead. D appealed her sentence to the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit vacated the District Court's sentencing determination. The Ninth Circuit pointed out that the Constitution requires prosecutors to make certain impeachment information available to a defendant before trial. It decided that this obligation entitles defendants to receive that same information before they enter into a plea agreement. The Ninth Circuit also decided that the Constitution prohibits defendants from waiving their right to that information. And it held that the prosecutors' standard 'fast track' plea agreement was unlawful because it insisted upon that waiver.