United States Eighth Circuit

Sentence for knowingly using a facility of interstate commerce to attempt to entice a minor into engaging in illegal sexual conduct is affirmed where: 1) government did not breach the plea agreement by asking for a sentence greater than the low end of the guidelines range as the government did not make a definite oral promise to ask for a low-end sentence; and 2) defendant was not released of his obligation under the plea agreement not to advocate for a sentence below the guidelines range.

Appellate Information

• Decided 04/13/2009
• Published 04/13/2009

Judges

• SMITH, Circuit Judge., Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Moss, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., Cynthia L. Cordes, Asst. U.S. Atty., on the brief), for appellee.