United States v. Brandon Tate

Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Chief Judge GREGORY and Judge KEENAN joined.

FLOYD, Circuit Judge:

Appellant Brandon Tate signed a plea agreement in which the government agreed to seek a sentence at the lowest end of the “applicable guideline range.” At sentencing, the government recommended a sentence at the lowest end of the guideline range found by the district court. Tate now argues that in doing so, the government breached the plea agreement. Tate contends that the government was actually obligated to recommend a sentence at the lowest end of the…