United States Eighth Circuit

Defendant's sentence for larceny and assault is affirmed where: 1) it was clear that the plea agreement's sentencing recommendation was merely a recommendation; 2) because the sentencing recommendation in defendant's agreement remained non-binding under Rule 11(c)(1)(B), the district court did not violate the plea agreement; and 3) there was no abuse of discretion in the district court's decision to depart upward 3 levels based on the circumstances of the offense and the dismissed charges.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• Array

Court

• United States Eighth Circuit

Counsel