United States v. Ackerley, No. 16-4273 (8th Cir. 2018)Annotate this Case
The Eighth Circuit enforced defendant's waiver appeal and dismissed her appeal, rejecting her claim that the government breached the plea agreement because it provided her self-incriminating proffered statements to the probation office in order to support the drug quantity calculations contained in the presentence investigation report and to establish a base offense level for her sentence.
The court held that defendant failed to identify which, if any, of her proffered statements were allegedly used to calculate the drug quantities contained in the presentence investigation report and to establish her base offense level. Defendant also failed to rule out that the information used in the presentence investigation report may have come from independent sources, which was permissible under the plea agreement. Even assuming without deciding that plaintiff established that there was an error, she failed to establish prejudice to support her claim of plain error.