(A)  Due Process Right to Vacate Original Sentence.  Due process has been violated where a plea has been induced based upon false assurances by the prosecution or court of a more lenient sentence.[299]  Enforcement of governmental promises contained in the plea agreement is so fundamental that due process requires the court to vacate the sentence for breach of plea agreement, even if the breach was inadvertent rather than intentional.[300]

[299] United States v. Wilkins, 281 F.2d 707, 712 (2d Cir. 1960); United States v. Boatner, 966 F.2d 1575 (11th Cir. 1992) (state bound by stipulations of fact contained in plea agreement and cannot contradict them in later representations to court); United States v. Melton, 930 F.2d 1096 (5th Cir. 1991)(cover letter by government accompanying plea agreement considered enforceable part of contract); People v. West, 3 Cal.3d 595, 610, 91 Cal.Rptr. 385, 477 P.2d 629 (1970); People v. Delles, 69 Cal. 2d 906, 910, 73 Cal.Rptr. 389, 447 P.2d 629 (1969).

[300] United States v. Hayes, 946 F.2d 230, 233 (3d Cir. 1991).

Ninth Circuit

POST CON RELIEF " GROUNDS " BREACH OF PLEA AGREEMENT
United States v. Heredia, 768 F.3d 1220 (9th Cir. Oct. 8, 2014) (vacating sentence on grounds that the government violated the plea agreement by making repeated inflammatory references to the defendant's criminal history in its sentencing memorandum, in effect arguing for a higher punishment than it had agreed to recommend; the court reversed the sentence, not the conviction, since the defendant waived any argument the error invalidated the conviction itself).