United States v. Erwin

Brief of the National Association of Criminal Defense Lawyers As Amicus Curiae In Support of the Petition for Rehearing by the Panel or by the En Banc Court.

Brief filed: 11/05/2014


United States v. Erwin

3rd Circuit Court of Appeals; Case No. 13-3407

Prior Decision

Decision below Case No. 3:12-cr-00364 in the U.S. District Court for the District of New Jersey (Hon. Freda L. Wolfson).


The Panel erred in relieving the government of its obligation to perform. Assuming Mr. Erwin breached the plea agreement, the Panel awarded a remedy that placed the government in a better position than it would have been in but for the breach and that punished Mr. Erwin. The Panel’s approach is inappropriate as a matter of public policy.

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David R. Fine, K&L Gates LLP, Harrisburg, PA; Peter Goldberger, Ardmore, PA.