[over the mountain]

In MD, sentencing is within the sole discretion of the judge.

A judge is only bound to a guaranteed sentence if that judges agrees to it in response to a written request that he/she do so from both parties (St Atty and Def).

So while the plea agreement btw the St Atty and Def could have been that the St Atty would recommend 5 yrs incarceration, the judge can give whatever period of incarceration he/she wants under the law.

The St Atty and Def counsel can make their proffers to the Court, but the Court is not bound by a sentence agreement unless that Court/Judge agreed to do so in writing before sentencing.

Typically, judges in MD dont like giving up their right to fashion sentences.