What is the difference between a sentence conditioned upon a jury finding of guilt and a sentence imposed by an apparently irate judge following a defendant's failure to abide by a plea agreement?

MultiRegion, United States of America

The following excerpt is from Levine v. Commissioner of Correctional Services, 44 F.3d 121 (2nd Cir. 1995):

There is a substantial difference between a sentence conditioned upon a jury's finding of guilt and a sentence imposed by an apparently irate judge following a defendant's failure to abide by a plea agreement. The sentencing judge should have made clear his intentions and then given the defendant an opportunity to withdraw his plea. See Stewart v. Scully, 925 F.2d 58, 61 (2d Cir.1991). The court's failure to do either was exacerbated by his completing the sentencing of the defendant after he had ordered the defendant removed from the courtroom.

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