US v. Gonzalez Vasquez, No. 11-30176 (6-18-13)(Kleinfeld with Schroeder and M. Smith).


A proffer made is not a debt unpaid, nor a deal struck. The plea discussions were premised on a proffer that proved less than satisfactory, or truthful, in the government's eyes. There was no plea. Turning to sentencing, the 9th held that a suspended sentence is not like "probation of more than a year" and was not criminal history point worthy. An important sentencing case for interpretation of suspended sentences.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2013/06/18/11-30176.pdf