What is the effect of Section 3771(a) of the Criminal Code on a plea agreement where a defendant has pleaded guilty?

Due Process Clause. A defendant is deprived of due process when the government breaches a plea-agreement provision on which the defendant relied "in any significant degree" when entering the guilty plea. Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Eberhard argues that the district court's application of 3771(a) allowed or compelled the government to circumvent the agreement through "victim-surrogates," and thereby deprived Eberhard of the benefit of his plea agreement.