United States v. Ruiz

536 U.S. 622, 122 S. Ct. 2450, 153 L. Ed. 2d 586, 2002 U.S. LEXIS 4650
Supreme Court of the United States·Decided June 24, 2002·No. 01-595·Published·Cited by 1,140 cases

Opinions

[625]*625Justice Breyer

delivered the opinion of the Court.

In this case we primarily consider whether the Fifth and Sixth Amendments require federal prosecutors, before entering into a binding plea agreement with a criminal defendant, to disclose “impeachment information relating to any informants or other witnesses.” App. to Pet. for Cert. 46a. We hold that the Constitution does not require that disclosure.

I

After immigration agents found 30 kilograms of marijuana in Angela Ruiz’s luggage, federal prosecutors offered her what is known in the Southern District of California as a “fast track” plea bargain. That bargain — standard in that district — asks a defendant to waive indictment, trial, and an appeal. In return, the Government agrees to recommend to the sentencing judge a two-level departure downward from the otherwise applicable United States Sentencing Guidelines sentence. In Ruiz’s case, a two-level departure downward would have shortened the ordinary Guidelines-specified 18-to-24-month sentencing range by 6 months, to 12-to-18 months. 241 F. 3d 1157, 1161 (2001).

The prosecutors’ proposed plea agreement contains a set of detailed terms. Among other things, it specifies that “any [known] information establishing the factual innocence of the defendant” “has been, turned over to the defendant,” and it acknowledges the Government’s “continuing duty to provide such information.” App. to Pet. for Cert. 45a-46a. At the same time it requires that the defendant “waiv[e] the right” to receive “impeachment information relating to any informants or other witnesses” as well as the right to receive information supporting any affirmative defense the defendant raises if the case goes to trial. Id., at 46a. Because Ruiz would not agree to this last-mentioned waiver, the prosecutors withdrew their bargaining offer. The Government then indicted Ruiz for unlawful drug possession. And despite [626]*626the absence of any agreement, Ruiz ultimately pleaded guilty.

At sentencing, Ruiz asked the judge to grant her the same two-level downward departure that the Government would have recommended had she accepted the “fast track” agreement. The Government opposed her request, and the District Court denied it, imposing a standard Guideline sentence instead. 241 F. 3d, at 1161.

Relying on 18 U. S. C. § 3742, see infra, at 627, 628-629, Ruiz appealed her sentence to the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit vacated the District Court’s sentencing determination. The Ninth Circuit pointed out that the Constitution requires prosecutors to make certain impeachment information available to a defendant before trial. 241 F. 3d, at 1166. It decided that this obligation entitles defendants to receive that same information before they enter into a plea agreement. Id., at 1164. The Ninth Circuit also decided that the Constitution prohibits defendants from waiving their right to that information. Id., at 1165-1166. And it held that the prosecutors’ standard “fast track” plea agreement was unlawful because it insisted upon that waiver. Id., at 1167. The Ninth Circuit remanded the case so that the District Court could decide any related factual disputes and determine an appropriate remedy. Id., at 1169.

The Government sought certiorari. It stressed what it considered serious adverse practical implications of the Ninth Circuit’s constitutional holding. And it added that the holding is unique among courts of appeals. Pet. for Cert. 8. We granted the Government’s petition. 534 U. S. 1074 (2002).

II

At the outset, we note that a question of statutory jurisdiction potentially blocks our consideration of the Ninth Circuit’s constitutional holding. The relevant statute says that a

[627]*627“defendant may file a notice of appeal... for review ... if the sentence
“(1) was imposed in violation of law;
“(2) was imposed as a result of an incorrect application of the sentencing guidelines; or
“(3) is greater than [the Guideline] specified [sentence] .. .; or
“(4) was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.” 18 U. S. C. § 3742(a).

Every Circuit has held that this statute does not authorize a defendant to appeal a sentence where the ground for appeal consists of a claim that the district court abused its discretion in refusing to depart. See, e. g., United States v. Conway, 81 F. 3d 15, 16 (CA1 1996); United States v. Lawal, 17 F. 3d 560, 562 (CA2 1994); United States v. Powell, 269 F. 3d 175, 179 (CA3 2001); United States v. Ivester, 75 F. 3d 182, 183 (CA4 1996); United States v. Cooper, 274 F. 3d 230, 248 (CA5 2001); United States v. Scott, 74 F. 3d 107, 112 (CA6 1996); United States v. Byrd, 263 F. 3d 705, 707 (CA7 2001); United States v. Mora-Higuera, 269 F. 3d 905, 913 (CA8 2001); United States v. Garcia-Garcia, 927 F. 2d 489, 490 (CA9 1991); United States v. Coddington, 118 F. 3d 1439, 1441 (CA10 1997); United States v. Calderon, 127 F. 3d 1314, 1342 (CA11 1997); In re Sealed Case No. 98-3116, 199 F. 3d 488, 491-492 (CADC 1999).

The statute does, however, authorize an appeal from a sentence that “was imposed in violation of law.” Two quite different theories might support appellate jurisdiction pursuant to that provision. First, as the Court of Appeals recognized, if the District Court’s sentencing decision rested on a mistaken belief that it lacked the legal power to grant a departure, the quoted provision would apply. 241 F. 3d, at 1162, n. 2. Our reading of the record, however, convinces us that the District Judge correctly understood that he had such discretion but decided not to exercise it. We therefore reject [628]*628that basis for finding appellate jurisdiction. Second, if respondent’s constitutional claim, discussed in Part III, infra, were sound, her sentence would have been “imposed in violation of law.” Thus, if she had prevailed on the merits, her victory would also have confirmed the jurisdiction of the Court of Appeals.

Although we ultimately conclude that respondent’s sentence was not “imposed in violation of law” and therefore that § 3742(a)(1) does not authorize an appeal in a case of this kind, it is familiar law that a federal court always has jurisdiction to determine its own jurisdiction. See United States v. Mine Workers, 330 U. S. 258, 291 (1947). In order to make that determination, it was necessary for the Ninth Circuit to address the merits. We therefore hold that appellate jurisdiction was proper.

III

The constitutional question concerns a federal criminal defendant’s waiver of the right to receive from prosecutors exculpatory impeachment material — a right that the Constitution provides as part of its basic “fair trial” guarantee. See U. S. Const., Arndts. 5, 6.

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United States v. Ruiz, 536 U.S. 622, 122 S. Ct. 2450, 153 L. Ed. 2d 586, 2002 U.S. LEXIS 4650 (2002).

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