United States v. Yellow

MELLOY, Circuit Judge.

Pursuant to a written plea agreement, Morris Yellow pleaded guilty to sexual abuse of a minor. The district court 1 sentenced him to 108 months’ imprisonment after denying a three-level aeceptance-of-responsibly reduction under U.S.S.G. § 3E1.1. Yellow timely appeals, claiming that the government breached the plea agreement by failing to adequately recommend an acceptance-of-responsibility reduction and by undermining the reduction by presenting evidence of obstruction of justice. We affirm.

I

On July 20, 2009, Yellow appeared before the district court to plead guilty to…