United States v. Rendon, No. 13-2510 (8th Cir. 2014)
Annotate this CaseDefendant pled guilty to conspiracy to distribute 500 grams or more of a mixture containing methamphetamine. On appeal, defendant argued that the prosecution breached the plea agreement by failing to move for a three level reduction for acceptance of responsibility and by agreeing with the district court's calculation of a drug quantity higher than in the plea agreement. Defendant wrote letters to the district court asking to be viewed apart from the conspiracy and to be found guilty for an offense involving only 50 to 200 grams, rather than the 500 or more grams to which he had pled. The court concluded that, because defendant had acted in a manner inconsistent with his accepting responsibility, the government was entitled to rely on that information in not requesting a three level reduction for acceptance of responsibility. The court also concluded that the government did not breach the plea agreement by agreeing to sentence defendant to a base offense level of 38. Because defendant could not demonstrate plain error, the court affirmed the judgment of the district court.
Court Description: Criminal Case - sentence. After defendant entered into plea agreement admitting to drug quantity, defendant wrote to district court denying responsibility for involvement in the large quantity of methamphetamine. As a result, with the government's agreement, the district denied credit for acceptance of responsibility, calculated the base offense level at 38, and sentenced Reardon to 360 months imprisonment. Reviewing for plain error, the government did not breach the plea agreement by not requesting a 3-level reduction for acceptance. As for whether the government breached the agreement by agreeing at sentencing to a base offense level of 38, Rendon cannot show prejudice.
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