United States v. Whitney, No. 10-10118 (9th Cir. 2012)
Annotate this CaseDefendant appealed his 87-month sentence on a guilty plea to one count of conspiracy to defraud the government by filing false claims. Defendant contended that the U.S. Attorney breached the parties' plea agreement by disclosing admissions made by defendant while cooperating with the government, and by urging imposition of a sentence above the low end of the Sentencing Guidelines. Defendant also contended that the district court erred by improperly imposing a two-level leadership enhancement. The court held that the breach of plea agreement by the U.S. Attorney resulted in plain error that affected defendant's substantial rights. The court also held that the district court committed clear error when it imposed the enhancement under U.S.S.G. 3B1.1(c). Accordingly, the court vacated the sentence and remanded for resentencing before a different judge.
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