United States of America v. Pascual A. Ruiz, Jr.

Kansas City, Kansas criminal defense lawyer represented the Defendant charged with possession of ammunition by a prohibited person.



What is the government's obligation to fulfill a promise made in a plea agreement. Pascual A. Ruiz Jr. was convicted after pleading guilty to one count of possession of ammunition by a prohibited person in violation of 18 U.S.C. § 922(g)(1). In his written plea agreement, the government agreed "[t]o recommend the defendant receive a sentence at the

low end of the” applicable Guidelines range—here, 51 months' imprisonment. R.I at 23. At sentencing, the prosecutor recommended a custodial sentence of 51 months, but in doing so, also discussed Mr. Ruiz's criminal history score and

his prior convictions. The district court ultimately relied on Mr. Ruiz's criminal history to depart upward under U.S. Sentencing Guidelines Manual § 4A1.3 (U.S. Sent'g Comm'n 2023) and imposed a 70-month prison sentence.

Affirmed