United States v. Helper, No. 20-1905 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to abusive sexual contact of his 12-year-old daughter. The court concluded that defendant's sentence was not substantively unreasonable where there was no plain error and the appeal waiver is therefore enforceable. On this record, the court explained that there is simply no chance that, if defendant had timely objected and government counsel had reaffirmed the government's promise in Paragraph G to recommend a five year sentence, the outcome of the sentence proceeding would have been different.
Court Description: [Loken, Author, with Benton and Kelly, Circuit Judges] Criminal case - Criminal law. Defendant''s argument that the government breached the plea agreement is rejected; the appeal waiver in defendant''s guilty plea is enforceable, and the appeal is dismissed.
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