United States v. Lara, No. 11-3850 (8th Cir. 2012)
Annotate this CaseDefendant pled guilty to distribution of a mixture or substance containing methamphetamine and subsequently appealed his sentence, arguing that the government breached his plea agreement at the sentencing. The court concluded that the government's presentation of evidence supporting the PSR's quantity breached the plea agreement and the district court plainly erred in allowing the government to introduce the evidence. Because the government breached the plea agreement, the judgment must be vacated and the case remanded.
Court Description: Criminal case - Sentencing. The plea agreement stipulated a specific offense level and specific range of methamphetamine, and the government breached the plea agreement by introducing evidence to support the quantity set out in the presentence report; the district court plainly erred in allowing the government to introduce the evidence and the error affected defendant's substantial rights by increasing his advisory guidelines range; reversed and remanded for sentencing before a different district court judge.
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