United States Eighth Circuit

Defendant's sentence for conspiracy to engage in the unlicensed dealing of firearms is affirmed where: 1) because defendant did not object at the time of sentencing that the prosecutor's remarks were in breach of the plea agreement, such a claim was not preserved for appeal; and 2) the terms of the plea agreement did not preclude the government from making a good faith argument that defendant did not satisfy one or more of the conditions entitling him to a downward departure recommendation.

Appellate Information

• Decided 12/30/2009
• Published 12/30/2009

Judges

• PIERSOL, District Judge., Before COLLOTON, BENTON, Circuit Judges, and PIERSOL, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary Dean Dickey, Jr., Des Moines, IA, for appellant.


• For Appellees:
  
• Andrew H. Kahl, AUSA, argued, Craig Payton Gaumer, AUSA, Des Moines, IA, for appellee.