United States v. Roger W. Benson

BEAM, District Judge.

Appellant Roger Benson appeals from an order of the district court 1 which commits him to the custody of the Attorney General for a period of six years. He requests that the judgment and commitment order be vacated and that he be resentenced by a different trial judge.

Appellant raises two grounds in support of his appeal: (1) that the government and the court did not fulfill the terms of the plea agreement; and (2) the sentencing was tainted by an ex parte contact between the court and the prosecution.

I. BACKGROUND

Appellant Benson was indicted on three counts of tax…