United States Tenth Circuit

A conviction and sentence pursuant to a guilty plea to reentering the U.S. after previous deportation is affirmed over claims that: 1) the government breached its plea agreement to recommend that a sentence at the lower end of the sentencing guidelines range was appropriate; 2) the guideline range was incorrectly calculated; and 3) an upward variance was substantively unreasonable.

Appellate Information

• Decided 02/10/2009
• Published 02/11/2009

Judges

• BRISCOE, Circuit Judge., Before KELLY, HOLLOWAY, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant., Gregory J. Fouratt, United States Attorney, (Laura Fashing, Assistant United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.