This section contains the nature of the case and procedural background.

Benchimol (D) pleaded guilty as part of a plea bargain where the government (P) would recommend probation. The District Court disregarded P's recommendation and sentenced D to jail. D filed a motion to either withdraw his guilty plea or to have the sentenced vacated. The District Court denied the motion, but the Court of Appeals reversed, holding that P made no effort to explain or support its part of the plea bargain.

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