United States v. Fentress

Robert Fentress (defendant) signed a written plea agreement promising to plead guilty to armed bank robbery, bank robbery, and six other federal charges, in exchange for the prosecution recommending a combined 25-year sentence on the two robbery counts and concurrent sentences on the rest. The agreement stated it was the complete deal between the parties, with no other promises made. At sentencing, the prosecutor introduced evidence that Fentress had stolen over $37,000 (though only $239 was recovered) and argued restitution was not covered by the plea agreement; the prosecutor also asked that Fentress's sentence run consecutively to a separate 12-year Georgia sentence. The district court sentenced Fentress accordingly and ordered restitution. Fentress appealed, arguing the prosecutor's comments and the restitution order breached the plea agreement.