United States v. Raifsnider

Defendant 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. View "United States v. Raifsnider" on Justia Law