United States v. Bean
United States Court of Appeals for the Fifth Circuit
564 F.2d 700 (1977)
- Written by Sharon Feldman, JD
Facts
Edward Bean (defendant) was charged with theft of an automobile and burglarizing a home at night while the family was asleep inside. The theft charge was punishable by up to five years in prison, and the burglary charge carried a prison sentence of five to 99 years. Bean had previously served four years in prison for burglary and theft of a business at nighttime and 20 days’ imprisonment for unlawfully carrying a weapon. The prosecution (plaintiff) and defense reached a plea bargain that allowed Bean to plead guilty to theft and cooperate with the prosecutor in exchange for dismissal of the burglary count. The court was reluctant to accept the plea bargain because of the seriousness of the burglary offense but permitted Bean to plead guilty to theft with the understanding that he could withdraw his guilty plea if the court rejected the plea agreement. The court refused to accept the plea bargain. Bean withdrew his guilty plea and was convicted of both theft and burglary and sentenced to serve concurrent prison terms of five and 10 years. On appeal, Bean argued that the district court’s refusal to accept the plea bargain was an abuse of discretion.
Rule of Law
Issue
Holding and Reasoning (Ainsworth, J.)
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