puckett argued january decided march exchange petitioner puckett guilty plea government agreed request reduction offense level federal sentencing guidelines ground accepted responsibility crimes sentence low end applicable guidelines range district accepted plea puckett sentenced assisted another crime result government opposed reduction puckett offense level district denied reduction appeal puckett raised first time argument backing away reduction request government broken plea agreement fifth circuit found puckett forfeited claim failing raise applied federal rule criminal procedure rule standard unpreserved claims error held although error occurred obvious puckett satisfied third prong analysis failed demonstrate ultimate sentence affected especially since district judge found reductions defendants continued engage criminal activity rare unknown held rule test applies forfeited claim like puckett government failed meet obligations plea agreement applies usual fashion pp federal criminal cases rule instructs parties preserve claims error informing ruling made sought action party wishes take party objection action grounds objection party failure preserve claim ordinarily prevents raising appeal rule recognizes limited exception plain errors review involves four prongs must error defect appellant affirmatively waived olano must clear obvious see must affected appellant substantial rights affected outcome district proceedings ibid three prongs satisfied appeals discretion remedy error affect fairness integrity public reputation judicial proceedings question whether review applies defendant fails preserve claim government defaulted obligations conceivable reason exists disregarding evident application breach undoubtedly violates defendant rights defendant opportunity seek vindication rights district fails rule clearly sets forth consequences forfeiture others pp neither puckett doctrinal arguments practical considerations raises counsel applying review present context government breach plea agreement retroactively cause defendant guilty plea unknowing involuntary decision santobello new york govern since question whether error found harmless different question whether subjected review puckett wrong contending purpose served applying review much gained inducing objection made trial level among things error often remedied plea breaches satisfy doctrine four prongs pp affirmed scalia delivered opinion roberts kennedy thomas ginsburg breyer alito joined souter filed dissenting opinion stevens joined james benjamin puckett petitioner writ certiorari appeals fifth circuit march justice scalia delivered opinion question presented case whether forfeited claim government violated terms plea agreement subject standard review set forth rule federal rules criminal procedure july james puckett indicted grand jury northern district texas one count armed bank robbery one count using firearm relation crime violence negotiated plea agreement government filed district september part deal puckett agreed plead guilty counts waive trial rights cooperate government truthful regarding participation criminal activities app exchange government agreed following two terms government agrees puckett demonstrated acceptance responsibility thereby qualifies reduction offense level government also agrees request puckett sentence placed lowest end guideline level deemed applicable satisfy first obligations government filed motion district pursuant sentencing commission guidelines manual ussg provision directs sentencing courts decrease defendant offense level guidelines two levels clearly demonstrates acceptance responsibility offense third level upon motion government stating defendant assisted authorities investigation prosecution misconduct timely notifying authorities intention enter plea guilty two weeks later district held plea colloquy see fed rule crim proc accepted puckett plea delays due health problems experienced puckett sentencing take place almost three years interim puckett assisted another man scheme defraud postal service confessed assistance questioning probation officer officer prepared addendum puckett presentence report recommending receive reduction acceptance responsibility theory true acceptance responsibility requires termination criminal conduct see ussg sentencing finally take place may puckett counsel objected addendum pointing government filed motion requesting full reduction offense level granted district judge turned prosecutor responded motion filed long time ago app puckett engaged additional criminal behavior made clear government opposed reduction puckett offense level acceptance responsibility probation officer added view guidelines reduction improper hearing submissions district judge concluded even assuming discretion grant reduction rare unknown around one committed crime subsequent crime appear even get three points agreed however follow recommendation government made pursuant commitment plea agreement puckett sentenced low end applicable guidelines range turned months prison armed bank robbery mandatory minimum consecutive term months firearm crime district granted reduction acceptance responsibility bottom guidelines range months robbery firearm sentence affected importantly time exchange puckett counsel object government violating obligations plea agreement backing away request reduction never cited relevant provision plea agreement move withdraw puckett plea grounds government broken sentencing promises appeal appeals fifth circuit puckett argue inter alia government violated plea agreement sentencing government conceded objecting reduction acceptance responsibility violated obligation set forth paragraph agreement maintained puckett forfeited claim failing raise district appeals agreed applied standard rule makes applicable unpreserved claims error held although error occurred obvious puckett satisfied third prong analysis demonstrating error affected substantial rights caused prejudice especially light district judge statement granting reduction defendant continued engage criminal conduct rare unknown puckett show government breach affected ultimate sentence appeals accordingly affirmed conviction sentence granted certiorari consider question divided federal courts appeals whether rule test applies forfeited claim like puckett government failed meet obligations plea agreement see sealed case cadc discussing conflict among circuits concluding rule apply usual fashion affirm ii litigant believes error occurred detriment federal judicial proceeding must object order preserve issue fails timely manner claim relief error forfeited procedural principle familiar right may forfeited criminal well civil cases failure make timely assertion right tribunal jurisdiction determine yakus error properly preserved authority remedy error reversing judgment example ordering new trial strictly circumscribed good reason anyone familiar work courts understands errors constant trial process much matter reflexive inclination appellate courts reverse unpreserved error fatal padilla en banc boudin concurring limitation authority serves induce timely raising claims objections gives district opportunity consider resolve ordinarily best position determine relevant facts adjudicate dispute case actual invited procedural error district often correct avoid mistake possibly affect ultimate outcome course rule prevents litigant remaining silent objection belatedly raising error case conclude favor cf wainwright sykes see also vonn federal criminal cases rule tells parties preserve claims error informing ruling order made sought action party wishes take party objection action grounds objection failure abide rule ordinarily precludes raising appeal unpreserved claim trial error see young rule however recognizes limited exception preclusion rule provides full plain error affects substantial rights may considered even though brought attention explained olano rule review review involves four steps prongs first must error defect sort eviation legal rule intentionally relinquished abandoned affirmatively waived appellant second legal error must clear obvious rather subject reasonable dispute see third error must affected appellant substantial rights ordinary case means must demonstrate affected outcome district proceedings ibid fourth finally three prongs satisfied appeals discretion remedy error discretion exercised error affect fairness integrity public reputation judicial proceedings quoting atkinson meeting four prongs difficult dominguez benitez repeatedly cautioned ny unwarranted extension authority granted rule disturb careful balance strikes judicial efficiency redress injustice see young supra creation unjustified exception rule ven less appropriate johnson real question case whether review applies defendant fails preserve claim government defaulted obligations rather conceivable reason exists disregarding evident application breach undoubtedly violation defendant rights see santobello new york defendant opportunity seek vindication rights district fails rule clearly sets forth consequences forfeiture others iii puckett puts forward several possible reasons review apply present context understand making effectively four distinct arguments two doctrinal two practical consider set turn puckett primary argument proceeds follows government breaks promise made defendant course securing guilty plea knowing voluntary character plea retroactively vanishes turns defendant aware true consequences since guilty pleas must knowing voluntary valid mccarthy guilty plea thus void along defendant corresponding waiver right trial precedents waiver right trial must made defendant personally see taylor illinois action counsel alone resurrect voided waiver therefore puckett concludes counsel failure timely object government breach effect analysis appeals must always correct error elaborate analysis suffers least two defects first nothing support proposition government breach plea agreement retroactively causes defendant agreement unknowing involuntary anything support proposition mere breach contract retroactively causes party promise coerced induced fraud although analogy may hold respects plea bargains essentially contracts see mabry johnson consideration contract fails one exchanged promises kept say voluntary bilateral consent contract never existed automatically utterly void say contract broken see lord williston contracts ed hereinafter williston party injured breach generally entitled remedy might include right rescind contract entirely see ed thing saying contract never validly concluded defendant agrees plea bargain government takes certain obligations obligations met defendant entitled seek remedy might cases rescission agreement allowing take back consideration furnished withdraw plea rescission possible remedy santobello allowed resentencing government fully comply agreement effect specific performance contract case entirely clear breach cause guilty plea entered unknowing involuntary precisely plea knowing voluntary hence valid government obligated uphold side moreover perhaps fundamentally puckett argument confuses concepts waiver forfeiture nobody contends puckett counsel waived intentionally relinquished abandoned olano puckett right seek relief government breach error analysis add nothing objection rather puckett forfeited claim error counsel failure raise argument district precedents requiring certain waivers personal knowing voluntary thus simply irrelevant holdings determine whether error occurred say nothing proper standard review claim error preserved question presented case assumes error standard review dispute puckett second doctrinal attack rests decision santobello case state promised plea deal make sentencing recommendation prosecutor apparently unaware commitment asked state trial impose maximum penalty one year defense counsel immediately objected trial judge proceeded anyway impose sentence reassuring santobello prosecutor recommendation affect decision vacated conviction remanded case interests justice thus best served puckett maintains interests justice required remand santobello even though breach likely harmless interests call remand whenever government reneges plea bargain forfeiture agree whether error found harmless simply different question whether subjected review santobello given error case preserved necessarily addressed former doctrine precedent aside puckett argues practical considerations counsel subjecting claims rule review specifically contends purpose served applying rule plea breaches always satisfy four prongs making application superfluous accepting arguendo dubitante policy concerns ever authorize departure federal rules arguments wrong puckett suggests prosecution broken agreement requesting higher sentence agreed upon late unring bell even objection made district judge already heard request santobello matter influenced demand futile objection one thing requiring objection means defendant game system wait ing see sentence later str ikes satisfactory vonn seeking second bite apple raising claim another breach always case district apprised claim position adjudicate matter first instance creating factual record facilitating appellate review thirdly breaches may curable upon timely objection example prosecution simply forgot commitment willing adhere agreement finally breach established cured district grant immediate remedy withdrawal plea resentencing different judge thus avoid delay expense full appeal puckett also contends review substantive work context government breach plea agreement brief petitioner claims third prong prejudice prong application since claims fall within special category forfeited errors corrected regardless effect outcome olano supra several times declined resolve whether structural errors affect framework within trial proceeds arizona fulminante automatically satisfy third prong test olano supra johnson cotton need answer question breach plea deal structural error used term never described see johnson supra shares common features errors held structural plea breach necessarily render criminal trial fundamentally unfair unreliable vehicle determining guilt innocence neder emphasis deleted defy analysis standards affecting entire adjudicatory framework fulminante supra difficulty assessing effect error greater respect plea breaches sentencing respect procedural errors sentencing routinely subject harmlessness review see teague santobello hold automatic reversal warranted objection government breach plea agreement holding rested upon premise errors like structural errors somehow susceptible amenable review harmlessness rather upon policy interest establishing trust defendants prosecutors necessary sustain plea bargaining essential highly desirable part criminal process rule contemporaneous objection equally essential desirable two collide see need relieve defendant usual burden showing prejudice see olano defendant whose plea agreement broken government always able show prejudice either obtained benefits contemplated deal anyway sentence prosecutor promised request likely obtained benefits event seemingly case dissent view defendant puckett position always suffered impairment substantial rights olano third prong convicted absence trial compliance terms plea agreement dispensing government obligation prove case post opinion souter simply ipse dixit recasting conceded error breach plea agreement effect substantial rights trial error said impair substantial rights harm defined convicted trial tainted error fact protected liberty interest stake render case different see post interest always stake criminal cases eliminating third prong semantics makes nullity olano instruction defendant normally must make specific showing prejudice order obtain relief puckett contends fourth prong review likewise application every breach plea agreement constitute miscarriage justice fourth prong meant applied basis emphasized per se approach review flawed young true enough government reneges plea deal integrity system may called question may well countervailing factors particular cases puckett good example given obviously cease life crime receipt sentencing reduction acceptance responsibility ludicrous compromise public reputation judicial proceedings course second prong review also often bite cases breaches clear obvious plea agreements always models draftsmanship scope government commitments occasion open doubt moreover government often colorable albeit ultimately inadequate excuse nonperformance see supra application review present context consistent cases serves worthy purposes meaningful effects event compelled federal rules recognize government breach plea agreement serious matter seriousness error claimed remove consideration ambit federal rules criminal procedure johnson judgment appeals affirmed james benjamin puckett petitioner writ certiorari appeals fifth circuit march justice souter justice stevens joins dissenting petitioner situation excite sympathy holding stand rule circumstances less peculiar disagree colleagues respect interest stake criminal defendant case like respectfully dissent case turns whether review applies unpreserved claim government breached plea agreement identifying relevant effect substantial rights implicated third prong olano agree majority plain error proper test depart holding effect question length incarceration offense charged error probably made ultimate difference hold relevant effect conviction absence trial compliance terms plea agreement dispensing government obligation prove case first two conditions recognizing plain error error clear see without doubt satisfied sentencing colloquy accordance federal rule criminal procedure laid ground satisfying requirement error obvious making public record terms plea agreement puckett government written agreement government representation district included government statement puckett qualified reduction offense level sentencing guidelines acceptance responsibility offense see app government agrees puckett demonstrated acceptance responsibility thereby qualifies reduction offense level government agrees puckett demonstrated acceptance responsibility thereby qualify three level reduction offense level puckett indeed appear satisfied conditions government commitment premised accepted responsibility committing offense assisted authorities investigation prosecution misconduct timely notifying authorities intention enter plea guilty sentencing commission guidelines manual subsequent criminality unusual break guilty plea sentencing failure part accept responsibility prior crimes benefit government already received time puckett pleaded guilty case government insisted provision plea agreement allowing back commitment puckett engaged additional criminal conduct prior sentencing therefore bound terms agreement made whether puckett fact entitled reduction administering criminal law less civil parties routinely bound agreements wish made government choice admit breached plea agreement sentencing objected reduction despite contention doctrine save puckett failure object sentencing hearing government deny deal deal deny broke word doctrine however avail puckett anything unless remaining conditions set olano satisfied third requiring showing sentencing puckett plea given return unfulfilled promise government violated substantial rights see majority understands effect question length incarceration see ante rights acquired defendant relate sentencing must show affected sentence since puckett hardly show apprised subsequent criminality given reduction even absence government breach majority view satisfy substantial rights criterion fails qualify correction admitted clear error contrary identify effect substantial rights criminal conviction regardless length incarceration reason simply constitution protected liberty interest freedom criminal taint subject fifth amendment due process guarantee fundamental fairness properly understood require trial plea agreement honored government stigma conviction imposed protection vanish convicted defendant turns get light sentence trial leading possible conviction sentencing hearing alone focus guarantee possibility criminal conviction without calls due process protection legal system constituted way hard imagine anything less fair branding someone criminal tried convicted entered plea guilty induced agreement government refuses honor agreements must therefore kept government well individual doctrine ever rescue defendant consequence forfeiting rights inattention used government induced admission criminality making agreement deliberately breaks defendant satisfied end bargain redressing fundamentally unfair behavior government whether vacating plea enforcing plea agreement see santobello new york worth undoubted risk allowing defendant game system additional administrative burdens see ante judiciary worried gamesmanship extra proceedings needs minimize likelihood making plain require government keep word seek rescission plea agreement cause thus find defendant substantial rights violated whenever government breaches plea agreement unless defendant got bargained anyway sentencing said third olano criterion determines treatment fourth addressing whether leaving error uncorrected may said affect fairness integrity public reputation judicial proceedings olano supra quoting atkinson right case protected interest guarantee one liable spend day behind bars convict without trial agreement fairness integrity judicial branch suffer imprisons defendant pleaded guilty reliance plea agreement government repudiate obligation agreed upon precisely happened yet judiciary denies relief appellate procedure correcting patent error judicial repute escape without damage eyes anyone sees beyond oddity case puckett entitled relief every defendant may make agreement government entitled take government word puckett insists government keep word going doctrine judiciary excuse closing generally available avenue redress puckett criminal defendant standing shoes footnotes puckett points brady quoted approvingly fifth circuit statement guilty pleas must stand unless induced misrepresentation including unfulfilled unfulfillable promises quoting shelton en banc internal quotation marks omitted hornbook law misrepresentation requires intent time contracting perform williston difficult explain precedent relied upon puckett suggestion mabry johnson prosecution breaches promise respect executed plea agreement defendant pleads guilty false premise hence conviction stand statement like one brady dictum conclusion conviction stand sometimes true remedy prescribes breach even conviction overturned reason guilty plea unknowing involuntary disavow aspect mabry dictum contradicts holding today indeed case government might well argued excused obligation assert demonstrated acceptance responsibility puckett ongoing criminal conduct hindered performance see williston ed argument might convinced us pressed government conceded breach analyze case comes us need confront today question whether santobello rule survived recent elaboration principles cases fulminante neder explained breach consists wrongful denial rights obtained defendant plea agreement automatically invalidate plea agree government question regard prejudice whether puckett entered plea known future violation cf dominguez benitez rights acquired defendant relate sentencing must show affected sentence