Pleas, pleas Mr. Posner

I hope on a Friday afternoon I will be forgiven for a post title that makes a weak stab at invoking this great song.  But two circuit opinions today address interesting claims that flow from federal plea dynamics (which, though ticking down in the latest 2003 USSC statistics, still account for over 95% of federal convictions).

From the Seventh Circuit, Judge Posner gives us US v. Cook, No. 04-1923 (7th Cir. Apr. 29, 2005) (available here) which discusses plea issues in a distinctive, “casual friday” kind of way (and includes a strange analogy to ordering a hamburger which, I am inclined to speculate, perhaps resulted from the defendant’s surname making Judge Posner hungry).  Among other aspects of the amusing decision, Judge Posner indicates the defendant raised one of those “ubiquitous” Booker claims.

On a somewhat more serious note, I see from Appellate Law & Practice here that the Fifth Circuit today in US v. Munoz, No. 04-40481 (5th Cir. Apr. 29, 2005) (available here) concluded that the government breached its plea agreement by supporting an enhancement recommended in a presentence report; the Fifth Circuit remanded for resentencing before a different judge.