United States v. Swisshelm, No. 16-1416 (8th Cir. 2017)
Annotate this CaseDefendant pleaded guilty to one count of bank fraud and one count of money laundering. On appeal, the government challenged defendant's sentence of twelve months and one day of imprisonment on each count, to run concurrently. The court concluded that defendant violated the parties' plea agreement by arguing for a sentence below the range calculated under the Sentencing Guidelines. Because the breach was material, prejudicial, and not harmless, the court vacated and remanded for resentencing before a different judge.
Court Description: Wollman, Author, with Riley, Chief Judge, and Kelly, Circuit Judge] Criminal case - Sentencing (Government Appeal). Defendant concedes that he violated the plea agreement by asking for a below-guidelines sentence; the breach affected the district court's decision and the matter is remanded for resentencing before a different judge.
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