United States v. Kirkland

Defendant appealed his 300 month sentence after pleading guilty to attempting to use a means of interstate commerce to persuade, induce, entice, or coerce a minor to engage in sexual activity for which any person can be charged with a criminal offense. The court agreed with defendant's argument that the Government breached the plea agreement by failing to comply with its obligations and to recommend a low-end sentence, instead of recommending and arguing for a high-end sentence. The court concluded that the breach constituted reversible plain error because the error had a serious effect on the fairness, integrity, or pubic reputation of judicial proceedings. Accordingly, the court vacated the sentence and remanded for resentencing. View "United States v. Kirkland" on Justia Law