United States Tenth Circuit

Defendant's embezzlement sentence is affirmed where: 1) defendant failed to show that the government had breached its plea agreement with him based on a witness's comments that defendant had not accepted responsibility; and 2) the district court did not abuse its discretion in varying upward from defendant's Guidelines sentence.

Appellate Information

• Decided 09/03/2009
• Published 09/03/2009

Judges

• HARTZ, Circuit Judge., Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs .


• For Appellees:
  
• Fred L. Staggs, Oklahoma City, OK, for Defendant-Appellant., Arvo Q. Mikkanen, Assistant United States Attorney, (John C. Richter, United States Attorney, with him on the brief), Oklahoma City, OK, for Plaintiff-Appellee.