United States v. Raifsnider, No. 18-1212 (8th Cir. 2019)
Annotate this CaseDefendant appealed his sentence imposed after his successful motion under 28 U.S.C. 2255 on the ground that it was substantively unreasonable. The Eighth Circuit enforced the appeal waiver in the plea agreement and dismissed the appeal. The court held that the government did not breach the plea agreement by implicitly recommending a different sentence than the one it was bound to recommend by the agreement, and there was no indication that defendant would have received a more favorable sentence but for the purported breach. Therefore, any actionable breach in this case would not relieve defendant of the appeal waiver because he failed to show a reasonably probable that he would have received a more favorable sentence but for the purported breach.
Court Description: Per Curiam - Before Smith, Chief Judge, and Wollman and Grasz, Circuit Judges] Criminal case - Criminal law. Defendant's appeal from the sentence imposed following his successful Section 2255 motion was barred by the appeal waiver in his plea agreement; the government's conduct at sentencing did not constitute a breach of the plea agreement; in any event, any actionable breach would not relieve defendant of the appeal waiver because he has not shown that he would have received a more favorable sentence but for the purported breach. [ February 13, 2019
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