Despite the government’s offer of a probation deal with no jail time in exchange for cooperation, they informed the Court on the first day of the trial that there were no plea negotiations to discuss. Subsequently, the government led the Court to believe that the no-jail plea cooperation offer occurred. The Memorandum of Interview (MOI) recorded by Agent Sauber did not mention this probation plea offer, significantly influencing the Court’s decision to deny Hosseinipour’s motion for a new trial based on ineffective assistance related to the plea offer.
Additionally, the government did not correct the record during Hosseinipour’s sentencing when the judge mistakenly assumed that the plea offer instead included a sentence offer of 97 months. The judge indicated that his misinformation explained why Hosseinipour proceeded to trial. However, the offer of no jail time likely affected the Court’s ruling. Throughout the trial, the government consistently failed to correct false information or inaccurate statements, including those made by themselves.
However, the government gave Hosseinipour a copy of the plea cooperation 5k 1 probation offer when she left the meeting