How should the court rule?
Mugsy was charged with a series of drug-related crimes. Mugys’s lawyer and the prosecutor worked out a plea agreement that dismissed a number of the charges in exchange for Mugsy’s cooperation. Consistent with the state sentencing law, the agreement specified that the sentence would be between five to nine years in prison, with the sentencing judge selecting the exact sentence. The agreement also contained a provision saying the prosecutor would ask the court to set the actual prison sentence below the five year minimum if Mugsy fully cooperated with the government in the prosecution of other persons involved in the drug trade with Mugsy. Mugsy entered a guilty plea in open court. Sentencing was postponed until after all subsequent trials were concluded. Mugsy testified at several trials and his testimony was instrumental in the conviction of three significant crime figures. Because the prosecutor thought there was some factual inaccuracies in Mugsy’s testimony, she did not tell the court that Mugsy be given the reduced sentence she had agreed to in the plea agreement. Mugsy then insisted that the plea agreement be complied with.