United States v. Wyatt, No. 19-3378 (7th Cir. 2020)
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Wyatt pleaded guilty to conspiring to traffic a minor, 18 U.S.C. 1594(c). The government promised to recommend a below-Guidelines sentence of 10 years’ imprisonment and to notify the court about his post-plea cooperation. Wyatt’s recommended sentencing range was 262-327 months. At sentencing, Wyatt described how he had “turned his life around” and requested a three-year sentence but reiterated that he wanted to stand by his plea agreement. The government recommended a 10-year sentence but it was defense counsel, not the prosecution, that told the court about Wyatt’s cooperation.
Wyatt did not object and received the recommended sentence. The Seventh Circuit affirmed. While the government’s silence breached the plea agreement, Wyatt did not show a reasonable probability that the breach had any effect on his sentence.
The court issued a subsequent related opinion or order on December 14, 2020.
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