Rejection of plea agreement on basis of undisclosed evidence is harmless error absent showing that result would have been different but for evidence

PLEA AGREEMENT United States v. Rakes, No. 06-4208, ___ F.3d ___ (10th Cir. Dec. 26, 2007)(Utah). Appeal of conviction and sentence for conspiracy to impede or injure an officer in violation of 18 U.S.C. § 372. HELD: While it is arguable that a district court cannot exercise sound judicial discretion in rejecting plea agreement on basis of undisclosed victim-impact evidence, without being provided with some reason to believe that sentencing court would have reached different result in disposition of plea agreement had that evidence been disclosed, court’s failure to disclose the evidence was harmless error. Read the opinion here.