(finding petitioner had no constitutional right to a proposed plea agreement and was fully aware of the consequences of subsequent guilty plea; “It is the ... guilty plea that implicates the Constitution.”). But the mere acceptance of a guilty plea by the court does not create an immutable bar to subsequent prosecution. See Olmeda, 461 F.3d at 279 n. 7 (2d Cir.2006). There are, “certain circumstances, [where] jeopardy is not deemed to [have] attached] at the time of a guilty plea[.]” Id, Jeopardy fails to attach, for example, where a plea made is conditional on some future occurrence. See Ricketts, 483 U.S. at 8, 107 S.Ct. 2680 (defendant’s guilty plea to second degree murder was conditional on his later testifying against codefendants involved in murder); Smith, 865 F.Supp.2d at 271 (<HOLDING>); Matthews v. Keane, No. 94- CV-2815, 1995 WL
holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state holding circuit court had subject matter jurisdiction to accept a guilty plea where defendant was not indicted for the charge to which he pled guilty but signed a sentencing sheet which established defendant was notified of the charge to which he pled guilty holding that a defendant who has successfully challenged his plea in one ease should be allowed to withdraw his plea in a second case when both cases were part of one negotiated settlement of his charges holding jeopardy did not attach where defendant pled to one charge but refused to voluntarily withdraw his plea to the second charge in accordance with the terms of the plea agreement