THE ROBING ROOM

Another easy reversal case by the 9th circuit on a sentencing case. In No. 10-10009, USA vs WICKETT D. MORRIS, Patel decided to strike the 851 information filed by the prosection. The district court held that “the prosecutor’s actions offend due process” and the “prosecution’s tactics short-circuited the truth-finding process”. Again substituing HER opinion vs the law. As the appeals ct held: we have repeatedly held that deals conditioned on cooperation are permissible. There is nothing fundamentally wrong with the prosecution’s decision to present its best offer up front. Accordingly, we conclude that the government did not offend due process by extending a take it or leave it plea offer to Morris. Reversed and remanded.