United States v. Cluff, No. 16-20116 (5th Cir. 2017)Annotate this Case
The Fifth Circuit affirmed the district court's denial of defendant's motion for a new trial, holding that the Government did not breach the plea agreement. In this case, the Government was not estopped from recommending that the district court deny a reduction for acceptance of responsibility and to instead apply a two-level increase for obstructing justice. Furthermore, the record did not support defendant's claim of prosecutorial vindictiveness.