United States v. Justin Birdhorse, No. 12-2057 (8th Cir. 2012)
Annotate this CaseDefendant pled guilty to rape and his plea agreement stated that the government would recommend a reduction in his offense level if he accepted responsibility for his crime during his presentence interview. On appeal, the court held that the government had not breached the plea agreement by failing to recommend a reduction for acceptance of responsibility where defendant did not demonstrate that he had accepted responsibility. The court also held that the district court did not err in calculating defendant's sentence where he made his plea agreement knowingly and voluntarily and he waived his right to contest the sentence or the district court's calculation of the guideline range. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - sentence. District court did not plainly err by not finding that the government breached the plea agreement for not recommending a reduction for acceptance of responsibility because Birdhouse did not demonstrate he had accepted responsibility. Birdhouse waive right to appeal his claim that the district court erred in adding adjustment for use of force and vulnerable victim enhancement and waiver was valid and enforceable.
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