United States Eighth Circuit

Sentence for being a felon in possession of ammunition is vacated and remanded for resentencing where: 1) the government breached the plea agreement by arguing for an increased offense level at sentencing, but since the agreement did not bind the court to accept the lower sentencing level the parties had bargained for, defendant could not show plain error as he failed to establish by a reasonable probability that the government's breach affected his substantial rights; and 2) the court committed plain error in relying on the judge's personal knowledge of previously undisclosed information at sentencing that was not disclosed in advance to the defendant, affecting the fairness of the sentencing process.

Appellate Information

• Decided 05/19/2009
• Published 05/19/2009

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, and MELLOY and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard J. Henderson, AFPD, argued, Fargo, ND, for appellant.


• For Appellees:
  
• Keith Reisenauer, AUSA, argued, Fargo, ND, for appellee.