In Re William Bruce Arnett, 804 F.2d 1200 (11th Cir. 1986). · Go Syfert
In Re William Bruce Arnett, 804 F.2d 1200 (11th Cir. 1986). Cases Citing This Book View Copy Cite
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cited 5× by 4 distinct cases, last quoted 1998 · …a rigidly literal approach in the construction of language at p. 1203 Topic ↗
cited 3× by 2 distinct cases, last quoted 1998 · …against the background of the negotiations.
148 citation events (55 in the last 25 years) across 15 distinct courts.
Strongest positive: United States v. Noel Arike (ca11, 2024-10-25)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Noel Arike
11th Cir. · 2024 · confidence medium
A plea agree- ment “must be construed in light of the fact that it constitutes a waiver of ‘substantial constitutional rights’ requiring that the de- fendant be adequately warned of the consequences of the plea.” United States v. Jefferies, 908 F.2d 1520, 1523 (11th Cir. 1990) (quot- ing In re Arnett, 804 F.2d 1200, 1203 (11th Cir. 1986)).
discussed Cited as authority (rule) United States v. Kenneth Vernon Hutto
11th Cir. · 2021 · confidence medium
See Raulerson v. United States, 901 F.2d 1009, 1013 (11th Cir. 1990) (holding that the government’s release of a house would cure its breach of a plea 12 USCA11 Case: 19-14440 Date Filed: 04/22/2021 Page: 13 of 14 agreement); In re Arnett, 804 F.2d 1200, 1204 (11th Cir. 1986) (allowing the government to cure the breach of a plea bargain by withdrawing a forfeiture action).
discussed Cited as authority (rule) United States v. Maxo Ducler
11th Cir. · 2020 · confidence medium
See Raulerson v. United States, 901 F.2d 1009, 1013 (11th Cir. 1990); In re Arnett, 804 F.2d 1200, 1204 (11th Cir. 1986) (permitting the government an opportunity to cure where the defendant suffered no prejudice). 2 The government points out that if Ducler’s argument is that the government was in breach from the moment he entered his guilty plea, then Ducler had an opportunity to raise that issue before sentencing, in which case our review would be for plain error.
discussed Cited as authority (rule) Brown v. United States
11th Cir. · 2017 · confidence medium
See Finch, 67 F.3d at 915-17 (finding due process violation where, at a combined change of plea and sentencing hearing, the state prosecutor and the sentencing court represented that defendant’s state sentence would be concurrent to his federal sentence even though the state court lacked authority to run the state sentence concurrent to the federal sentence); Arnett, 804 F.2d at 1203-04 (concluding that government effort to seize more assets through forfeiture than listed in the plea agreement would result in due process violation and enforcing plea agreement as written to avoid violation).
discussed Cited as authority (rule) United States v. Harlan Salmona (2×)
11th Cir. · 2016 · confidence medium
In re Arnett, 804 F.2d 1200, 1201, 1204 (11th Cir. 1986).
discussed Cited as authority (rule) United States v. Deldrick Demone Jackson
11th Cir. · 2015 · confidence medium
In interpreting a plea agreement, the court should avoid a “hyper-technical reading of the written agreement” or “a rigidly literal approach in the construction of language.” In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986) (internal quotation marks omitted).
cited Cited as authority (rule) Williams, James Earl
Tex. App. · 2015 · confidence medium
In re: Arnett, 804 F.2d 1200, 1201-02 (11th Cir. 1986); see also State v. Gomez, 267 P.3d 831 (N.M.
cited Cited as authority (rule) Williams, James Earl
Tex. App. · 2015 · confidence medium
In re: Arnett, 804 F.2d 1200, 1201-02 (11th Cir. 1986); see also State v. Gomez, 267 P.3d 831 (N.M.
cited Cited as authority (rule) United States v. James Marvin Lovett
11th Cir. · 2015 · confidence medium
We “must use objective standards to determine the disputed terms of a plea agreement.” In re Arnett, 804 F.2d 1200, 1202 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Robert E. Crews
11th Cir. · 2012 · confidence medium
“To constitute a valid waiver of substantial constitutional rights, a guilty plea must represent a voluntary, knowing, intelligent act, and must be offered with sufficient awareness of the likely consequences.” In re Arnett, 804 F.2d 1200, 1203 (11th Cir. 1986); see United States v. Bushert, 997 F.2d 1343, 1351 (11th Cir.1993).
discussed Cited as authority (rule) United States v. Florida West International Airways, Inc.
S.D. Fla. · 2012 · confidence medium
See Santobello v. New York, 404 U.S. 257 , 92 S.Ct. 495 , 30 L.Ed.2d 427 (1971); United States v. Gustama, 156 Fed.Appx. 214, 217 (11th Cir.2005); In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986); United States v. Jackson, 173 Fed.Appx. 772, 775 (11th Cir.2006); United States v. Rewis, 969 F.2d 985, 988 (11th Cir.1992).
cited Cited as authority (rule) United States v. Garry S. Martin
11th Cir. · 2011 · confidence medium
We use “objective standards to determine the disputed terms of a plea agreement.” In re Arnett, 804 F.2d 1200, 1202 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Everett Jerome Tripodis
11th Cir. · 2010 · confidence medium
Additionally, “[t]he court must decide whether the Government’s actions are inconsistent with what the defendant reasonably understood when he entered his guilty plea.” In re Arnett, 804 F.2d 1200, 1202-03 (11th Cir.1986) (citation omitted); see also United States v. Rewis, 969 F.2d 985, 988 (11th Cir.1992) (explaining that whether “the [Gjovernment violated the [plea] agreement is judged according to the defendant’s reasonable understanding at the time he entered the plea” agreement).
cited Cited as authority (rule) United States v. Geronimo Enrique Gastelum, Jr.
11th Cir. · 2009 · confidence medium
In re Arnett, 804 F.2d 1200, 1202 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Callanan
N.D. Iowa · 2008 · confidence medium
Compare United States v. Munoz, 408 F.3d 222, 227-29 (5th Cir.2005) (the prosecution breached the plea agreement by urging an improper enhancement, even though, in closing, the prosecutor asked the court to follow the plea agreement, because that request, in light of the prosecutor’s position on the enhancement, "amounted to little more than lip service to the plea agreement and did not rectify the breach”); United States v. Taylor, 77 F.3d 368, 370-71 (11th Cir.1996) (where the prosecution had advocated a position contrary to the requirements of the plea agreement, but then ultimately rec…
discussed Cited as authority (rule) United States v. Raul Topete
11th Cir. · 2008 · confidence medium
While Yarbrough is correct that the government must “adhere strictly to the terms of plea agreements,” In re Arnett, 804 F.2d 1200, 1204 (11th Cir. 1986), we disagree with 14 his assertion that the government reneged on an earlier plea agreement in seeking an indictment against him in this case.
discussed Cited as authority (rule) United States v. Yarbrough
11th Cir. · 2008 · confidence medium
While Yarbrough is correct that the government must “adhere strictly to the terms of plea agreements,” In re Arnett, 804 F.2d 1200, 1204 (11th Cir.1986), we disagree with his assertion that the government reneged on an earlier plea agreement in seeking an indictment against him in this case.
discussed Cited as authority (rule) United States v. William Copeland
11th Cir. · 2004 · confidence medium
In determining the meaning of any disputed terms in an agreement, the court must apply an objective standard and “must decide whether the government’s actions are inconsistent with what the defendant reasonably understood when he entered his guilty plea.” In re Arnett, 804 F.2d 1200, 1202-03 (11th Cir.1986) (citations omitted).
discussed Cited as authority (rule) United States v. Charles Danny Harris
11th Cir. · 2004 · confidence medium
This court will not adopt a “hyper-technical reading of the written agreement” or “a rigidly literal approach in the construction of language.” In re Arnett, 804 F.2d 1200, 1203 (11th Cir. 1986), quoted in Jefferies, 908 F.2d at 1523 .
cited Cited as authority (rule) United States v. Gutman
S.D. Fla. · 2000 · confidence medium
In re Arnett, 804 F.2d 1200, 1202-03 (11th Cir.1986); United States v. Taylor, 77 F.3d 368, 370 (11th Cir.1996).
examined Cited as authority (rule) United States v. Adrian Pielago, Maria Varona (4×) also: Cited "see"
11th Cir. · 1998 · confidence medium
In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986)(intemal citation and quotes omitted).
discussed Cited as authority (rule) United States v. Pielago (2×) also: Cited "see"
11th Cir. · 1998 · confidence medium
In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986)(internal citation and quotes omitted).
discussed Cited as authority (rule) Spencer v. Ault
N.D. Iowa · 1996 · confidence medium
See generally Brady v. United States, 397 U.S. 742, 748 , 90 S.Ct. 1463, 1469 , 25 L.Ed.2d 747 (1970) (“Waivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.”); Edens v. Hannigan, 87 F.3d 1109, 1118 (10th Cir.1996) (holding that waivers of constitutional rights must be voluntarily and knowingly done); United States v. Ready, 82 F.3d 551, 556 (2d Cir. 1996) (waivers of constitutional rights are invalid unless they are voluntary and knowing); Finch v. Vaughn, 67 F…
discussed Cited as authority (rule) San Pedro v. United States (2×) also: Cited "see"
11th Cir. · 1996 · confidence medium
Thus, rather than focusing on the authority issue as the district court and the majority have done, we must look instead to the fundamental due process issue. 33 As this Court held in In re Arnett, 804 F.2d 1200, 1202-03 (11th Cir.1986), it is incumbent upon this Court to determine whether the government's actions are inconsistent with what the defendant [San Pedro] reasonably understood when he entered his guilty plea.
examined Cited as authority (rule) San Pedro v. United States (4×) also: Cited "see"
11th Cir. · 1996 · confidence medium
As this Court held in In re Arnett, 804 F.2d 1200, 1202-03 (11th Cir.1986), it is incumbent upon this Court to determine whether the government’s actions are inconsistent with what the defendant [San Pedro] reasonably understood when he entered his guilty plea.
discussed Cited as authority (rule) Stern v. Shalala
2d Cir. · 1994 · confidence medium
Courts enforce what “the defendant reasonably understood” the plea agreement to mean when the guilty plea was entered, United States v. Corsentino, 685 F.2d 48, 51 (2d Cir.1982); accord, e.g., United States v. Nelson, 837 F.2d 1519, 1521 (11th Cir.), cert. denied, 488 U.S. 829 , 109 S.Ct. 82 , 102 L.Ed.2d 58 (1988); In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986); United States v. Crusco, 536 F.2d 21, 27 (3d Cir.1976); Johnson v. Beto, 466 F.2d 478, 480 (5th Cir.1972).
discussed Cited as authority (rule) Stern v. Shalala
2d Cir. · 1994 · confidence medium
Ultimately, the amount of the losses, as determined in the administrative proceedings, was $70,648, the amount of assessments sought by the IG. 11 Courts enforce what "the defendant reasonably understood" the plea agreement to mean when the guilty plea was entered, United States v. Corsentino, 685 F.2d 48, 51 (2d Cir.1982); accord, e.g., United States v. Nelson, 837 F.2d 1519, 1521 (11th Cir.), cert. denied, 488 U.S. 829 , 109 S.Ct. 82 , 102 L.Ed.2d 58 (1988); In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986); United States v. Crusco, 536 F.2d 21, 27 (3d Cir.1976); Johnson v. Beto, 466 F.2d 47…
examined Cited as authority (rule) United States v. Mark Forney (4×) also: Cited "see, e.g."
11th Cir. · 1993 · confidence medium
For example, " '[a] plea agreement is not an appropriate context for the government to resort to a rigidly literal approach in the construction of the language.' " In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986) (quoting United States v. Bowler, 585 F.2d 851, 854 (7th Cir.1978)).
discussed Cited as authority (rule) United States v. One Parcel of Real Property (2×) also: Cited "see"
8th Cir. · 1993 · confidence medium
"The written agreement nowhere states that a further forfeiture will be permitted: it specifies an agreed upon forfeiture, but does not reserve any right in the government to take further, similar action." The government argued that it had not specifically promised no further forfeitures, however the court found that "[a] plea agreement is not an appropriate context for the government to resort to a rigidly literal approach in the construction of language." Arnett, 804 F.2d at 1203
discussed Cited as authority (rule) United States v. Eddie Raymond Rewis (2×) also: Cited "see"
11th Cir. · 1992 · confidence medium
Second, the written agreement should be viewed “against the background of negotiations” and should not be read to “directly contradic[t] [an] oral understanding.” Third, a plea agreement that is ambiguous “must be read against the government.” Id. (quoting In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986)).
discussed Cited as authority (rule) United States v. Paccione
2d Cir. · 1991 · confidence medium
We already have held that both parties to a plea agreement made in lieu of statutory forfeiture proceedings are bound by their bargain, see United States v. Alexander, 869 F.2d 91, 94-95, 96 (2d Cir.1989), as has at least one other circuit court, see In re Arnett, 804 F.2d 1200, 1204 (11th Cir.1986), and we see no reason to conclude otherwise with respect to an agreement in lieu of a formal forfeiture hearing.
discussed Cited as authority (rule) United States v. Paccione
2d Cir. · 1991 · confidence medium
We already have held that both parties to a plea agreement made in lieu of statutory forfeiture proceedings are bound by their bargain, see United States v. Alexander, 869 F.2d 91, 94-95, 96 (2d Cir.1989), as has at least one other circuit court, see In re Arnett, 804 F.2d 1200, 1204 (11th Cir.1986), and we see no reason to conclude otherwise with respect to an agreement in lieu of a formal forfeiture hearing.
cited Cited as authority (rule) United States v. Daniel Enrique Laetividal-Gonzalez, A/K/A \Ki Ki\" and Gonzalo Ocampo
unknown court · 1991 · confidence medium
In re Arnett, 804 F.2d 1200, 1202 (11th Cir.1986). 46 The plea agreement at issue here did not promise that Gonzalez would receive a shorter sentence.
cited Cited as authority (rule) United States v. Laetividal-GonzaLez
unknown court · 1991 · confidence medium
In re Arnett, 804 F.2d 1200, 1202 (11th Cir.1986).
cited Cited as authority (rule) United States v. Carrazana
11th Cir. · 1991 · confidence medium
In re Arnett, 804 F.2d 1200, 1202 (11th Cir.1986).
cited Cited as authority (rule) United States v. Carrazana
11th Cir. · 1991 · confidence medium
In re Arnett, 804 F.2d 1200, 1202 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Jimmy Lee Jefferies, Betty J. Jefferies (2×)
11th Cir. · 1990 · confidence medium
In In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986), this court summarized the standards applied to interpretation of plea agreements.
discussed Cited as authority (rule) Donald Raulerson v. United States (2×) also: Cited "see"
11th Cir. · 1990 · confidence medium
“The court must decide whether the government’s actions are inconsistent with what the defendant reasonably understood when he entered his guilty plea.” In re Arnett, 804 F.2d 1200, 1202-03 (11th Cir.1986).
discussed Cited as authority (rule) United States v. Remi Pelletier and Robert Pelletier (2×)
2d Cir. · 1990 · confidence medium
See Mabry v. Johnson, 467 U.S. 504, 509 , 104 S.Ct. 2543, 2547 , 81 L.Ed.2d 437 (1984); Santobello v. New York, 404 U.S. 257, 262 , 92 S.Ct. 495, 499 , 30 L.Ed.2d 427 (1971) (“when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled”); United States v. (Jerry) Harvey, 869 F.2d 1439, 1443-44 (11th Cir.1989); Innes v. Dalsheim, 864 F.2d 974, 978 (2d Cir.1988), cert. denied, — U.S. -, 110 S.Ct. 50 , 107 L.Ed.2d 19 (1989); In re Arnett, 804 F.2d 1200, 1202-03 (…
cited Cited as authority (rule) United States v. Hall
M.D. Penn. · 1990 · confidence medium
Moscahlaidis, 868 F.2d at 1357 ; See also Crusco, 536 F.2d at 26 ; In re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986); United States v. Bowler, 585 F.2d 851, 854 (7th Cir.1978).
examined Cited as authority (rule) United States v. Jerry Lee Harvey (4×) also: Cited "see"
11th Cir. · 1989 · confidence medium
In re Arnett, 804 F.2d 1200, 1201-02 (11th Cir.1986).
discussed Cited as authority (rule) Reed by and Through Reed v. United States
S.D. Fla. · 1988 · confidence medium
For example, this Circuit in In re Arnett, 804 F.2d 1200 (11th Cir.1986), recently stated that ‘‘[t]his circuit follows the principle enunciated in Santobello by requiring that the government adhere strictly to the terms of plea agree-ments_ Where the government has not honored a plea agreement, the fashioning of an appropriate remedy is left to the sound discretion of the court.” Id. at 1204 (citations omitted).
discussed Cited as authority (rule) United States v. Jerry Lee Harvey (2×)
11th Cir. · 1988 · confidence medium
Our Court has stated its intention to “follow[ ] the principles enunciated in Santobello by requiring that the government adhere strictly to the terms of plea agreements.” In re Arnett, 804 F.2d 1200, 1204 (11th Cir.1986) (referring to Santobello, supra) (citing United States v. Avery, 621 F.2d 214, 216 (5th Cir.1980), cert. denied, 450 U.S. 933 , 101 S.Ct. 1396 , 67 L.Ed.2d 367 (1981) and United States v. Shanahan, 574 F.2d 1228 (5th Cir.1978)).
discussed Cited as authority (rule) United States v. Edgar Tobon-Hernandez
11th Cir. · 1988 · confidence medium
United States v. Nelson, 837 F.2d 1519 , 1525 n. 3 (11th Cir.1988); In Re Arnett, 804 F.2d 1200, 1204 (11th Cir.1986) (citing Santobello for the proposition that the fashioning of the remedy when the government breaches the plea agreement is within the court’s discretion).
discussed Cited as authority (rule) People v. MacRander
Colo. · 1988 · confidence medium
In re Arnett, 804 F.2d 1200, 1202-03 (11th Cir.1986); United States v. Quan, 789 F.2d 711, 713 (9th Cir.1986), cert. dismissed, — U.S. -, 107 S.Ct. 16 , 92 L.Ed.2d 770 (1987); United States v. Crusco, 536 F.2d 21, 24 (3d Cir.1976).
examined Cited as authority (rule) United States v. Nelson (3×)
unknown court · 1988 · confidence medium
In Re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986); Johnson v. Beto, 466 F.2d 478, 480 (5th Cir.1972).
examined Cited as authority (rule) United States v. Nelson (3×)
unknown court · 1988 · confidence medium
In Re Arnett, 804 F.2d 1200, 1203 (11th Cir.1986); Johnson v. Beto, 466 F.2d 478, 480 (5th Cir.1972).
cited Cited as authority (rule) DTKH UNITED STATES OF AMERICA v. ADRIAN PIELAGO, MARIA VARONA
unknown court · confidence medium
In re Arnett, 804 F.2d 1200, 1203 (11th Cir. 1986)(internal citation and quotes omitted).
cited Cited "see" United States v. Joseph D. Young
11th Cir. · 2021 · signal: see · confidence high
See In re Arnett, 804 F.2d at 1202–03.
discussed Cited "see" Lathem v. State
Tex. App. · 2017 · signal: see · confidence high
See In re Arnett, 804 F.2d 1200, 1203 (11th Cir. 1986) (holding a waiver of a substantial constitutional right must be a voluntary, knowing, and intelligent act); Spencer v. Ault, 941 F.Supp. 832, 852 (N.D.
Retrieving the full opinion text from the archive…
In Re William Bruce ARNETT, Petitioner
86-3480.
Court of Appeals for the Eleventh Circuit.
Nov 7, 1986.
804 F.2d 1200
1986 U.S. App. LEXIS 33963
Alvin E. Entin, Entin, Schwartz, Barbakoff & Schwartz, N. Miami Beach, Fla., for petitioner., W. Thomas Dillard, U.S. Atty., Barbara D. Schwartz, Asst. U.S. Atty., Tallahassee, Fla.
Tjoflat, Hill, Vance.
Cited by 79 opinions  |  Published
BY THE COURT:

On May 20,1986, petitioner Arnett pleaded guilty to a single count of possession of marijuana and cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846. Arnett offered his guilty plea pursuant to a written plea agreement reached with the Office of the United States Attorney for the Northern District of Florida. The agreement included a provision that Arnett would forfeit $3,000 found on his person at the time of his arrest. Prior to sentencing, but after his plea was accepted, the government served on Arnett a Complaint for Forfeiture In Rem, seeking forfeiture of his house and farm. Petitioner argues that this attempt to gain forfeiture of his house and farm violates the terms of his plea agreement. We agree.

I.

Arnett seeks specific performance of his plea agreement, or, alternatively, to vacate his plea of guilty. At the district court hearing, testimony establishing the following facts was presented. This testimony was not contradicted.

[*1202] Petitioner’s attorney, Alvin Entin, and Barbara Schwartz of the United States Attorney’s Office negotiated the plea agreement over a two to three day period. During the course of these negotiations, Schwartz stated that the only forfeiture sought by the government was the $3,000 on Arnett’s person at the time of his arrest. When Entin specifically asked about the farm, Schwartz responded that the United States Attorney’s office had “no interest” in the farm. Schwartz noted, however, that she could not speak for the Internal Revenue Service. Entin developed an understanding based upon these conversations that the United States Attorney had agreed not to move against the petitioner’s house and farm. At the close of the negotiations, Entin prepared the documents memorializing Arnett’s plea agreement with the government. In drafting the forfeiture provision, Entin intended to limit Arnett’s forfeitures to $3,000 and to prohibit any other forfeiture actions. This clause read:

FORFEITURES
The defendant Arnett agrees to the forfeiture of the United States of the Three Thousand dollars on his person at the time óf his arrest.
This is the entire agreement between defendant William Bruce Arnett, and the prosecution, and it has been entered into freely, voluntarily and upon advice of counsel.

This forfeiture provision was a significant factor in Arnett’s decision to accept the plea agreement. Arnett and his attorney specifically discussed the meaning of this section of the agreement. Entin told petitioner that the agreement provided that the $3,000 would be the sole forfeiture sought by the government. Arnett stated in these discussions with his attorney that the government’s willingness to forego forfeiture of his North Carolina property was one of his principal reasons for his entering into the plea agreement. [1]

The district court carefully examined the petitioner before accepting his plea. Answering questions under oath, Arnett stated that he agreed to the terms of the written plea agreement and that he entered into it knowingly and without coercion. He and his attorney confirmed that the agreement contained all the understandings and promises he had received from the United States Attorney. Arnett also engaged in the following exchange with the judge:

The Court: Do you, sir, Mr. Arnett, understand the terms and provisions and the matters set forth in that written agreement?
Mr. Arnett: Yes, sir.
The Court: Do you understand that it purports to settle the differences, all of your differences with the United States as it relates to the charges that are set forth in this indictment?
Mr. Arnett: Yes, sir.
The Court: And that it contains what you’re willing to do or what may happen to you as a result of your plea and what the government is going to do or refrain from doing in exchange for your plea; do you understand that?
Mr. Arnett: Yes, sir.

II.

Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), provides the starting point for analyzing difficult issues involving plea bargains. Santobello teaches that when guilty pleas “rest in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be a part of the inducement or consideration, such promise must be fulfilled.” 404 U.S. at 262, 92 S.Ct. at 499. The court must use objective standards to determine the disputed terms of a plea agreement. United States v. Travis, 735 F.2d 1129, 1132 (9th Cir.1984). The court must decide whether the government’s actions are inconsistent with what[*1203] the defendant reasonably understood when he entered his guilty plea. Johnson v. Beto, 466 F.2d 478, 480 (5th Cir.1972); United States v. Crusco, 536 F.2d 21, 27 (3d Cir.1976).

It is clear from the record that Arnett believed that his plea agreement prevented the government from seeking any forfeitures beyond the $3,000 and that this belief was reasonable under the circumstances. According to uncontroverted testimony, the Assistant United States Attorney stated that her office had no interest in the farm. She led Arnett’s counsel to believe that their oral understanding limited the government to the $3,000 and prohibited further action against Arnett’s property. The written agreement may have been inartfully drafted, but Arnett and his attorney could reasonably perceive it as limiting any forfeitures to $3,000. This limitation would be consistent with their oral understanding with Schwartz. Although the written plea agreement does not address the key question of further forfeitures, Ar-nett’s attorney explained that Schwartz’s inability to bind the IRS necessitated this silence. At no time did the United States Attorney’s Office indicate to Arnett or his representatives that the written agreement changed their previous oral understanding. Without such an express warning, it was reasonable for Arnett to rely on the original oral understanding which, in return for his guilty plea, safeguarded his farm.

The government asserts that we must permit its action against the farm since the written plea agreement does not explicitly prohibit a later forfeiture action. We cannot accept such a hyper-technical reading of the written agreement. A guilty plea is more than an admission of past conduct; it is a waiver of the right to trial before a judge or jury. To constitute a valid waiver of substantial constitutional rights, a guilty plea must represent a voluntary, knowing, intelligent act, and must be offered with sufficient awareness of the likely consequences. Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 1468, 25 L.Ed.2d 747 (1970); United States v. French, 719 F.2d 387, 390 (11th Cir. 1983), cert. denied, 466 U.S. 960, 104 S.Ct. 2174, 80 L.Ed.2d 557 (1984). See Fed.R. Crim.P. 11. When viewed against the background of the negotiations, the written plea agreement cannot support a valid waiver of Arnett’s constitutional rights because it does not sufficiently warn him that he may lose his farm. The written agreement nowhere states that a further forfeiture will be permitted: it specifies an agreed upon forfeiture, but does not reserve any right in the government to take further, similar action. The government urges an interpretation of the plea agreement which directly contradicts the oral understanding. Such a delicate parsing of the written language cannot support a finding that the defendant has forthrightly waived his constitutional rights as the law requires. “A plea agreement is not an appropriate context for the government to resort to a rigidly literal approach in the construction of language.” United States v. Bowler, 585 F.2d 851, 854 (7th Cir.1978). See, e.g., United States v. Harvey, 791 F.2d 294, 303 (4th Cir.1986) (ambiguous plea agreement “must be read against the Government”); United States v. Crusco, 536 F.2d 21, 26 (3d Cir.1976) (“strict and narrow interpretation of [government’s] commitment is untenable”); Corréale v. United States, 479 F.2d 944, 947 (1st Cir. 1973) (government held to “most meticulous standards of both promise and performance”).

The government also contends that Ar-nett’s statements at the time he entered his plea conclusively establish an understanding that the government could take any action not expressly prohibited by the written plea agreement. The district court agreed, relying upon United States v. Hauring, 790 F.2d 1570 (11th Cir.1986). Hauring places a heavy burden on a defendant “asserting the existence of a bargain outside the record and contrary to his own statements under oath.” Id. 1571.

We fail to see the contradiction between Arnett’s statements under oath and his understanding of his bargain with the[*1204] government. The government points to Arnett’s declarations that the written plea agreement contained all the government’s promises and that no other understandings existed. Arnett, however, believed that the written plea agreement contained the government’s promise not to seek further forfeitures. His earlier answers at the hearing reflect his understanding that his plea agreement “settle[d] the differences, all the differences with the United States" and contained “... what the government is going to do or refrain from doing in exchange for [his] plea." In these circumstances, Arnett’s statements under oath are consistent with an agreement restricting further forfeitures.

III.

This circuit follows the principles enunciated in Santobello by requiring that the government adhere strictly to the terms of plea agreements. United States v. Avery, 621 F.2d 214, 216 (5th Cir.1980), reh’g denied, 632 F.2d 894 (1980), cert. denied, 450 U.S. 933, 101 S.Ct. 1396, 67 L.Ed.2d 367 (1981); United States v. Shanahan, 574 F.2d 1228 (5th Cir.1978). We hold that the government breached the terms of the plea agreement by seeking forfeiture of Arnett’s farm. Where the government has not honored a plea agreement, the fashioning of an appropriate remedy is left to the sound discretion of the court. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); Geisser v. United States, 513 F.2d 862 (5th Cir.1975). Arnett has suffered no prejudice to date from the filing of the complaint for forfeiture of his farm. It is appropriate, therefore, to allow the United States Attorney to cure the breach of the plea bargain by withdrawing the forfeiture action against Arnett’s house and farm. Should the government elect to pursue its action for forfeiture, the district court is directed to grant Arnett’s motion to vacate his plea.

The petition for mandamus is GRANTED. This opinion shall serve as the writ and its formal issuance is not required.

1

. The circumstances of this case provide unusually reliable information about the relevant discussions. Because of the number of defendants, other attorneys overheard many of these conversations between Entin and Schwartz and between Entin and Arnett.