United States v. Cannel

Opinion by Judge SCHWARZER; Concurrence by Judge CLIFTON.

SCHWARZER, Senior District Judge:

James N. Cannel appeals the sentence of 72 months’ imprisonment for possession of child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). On this appeal, Cannel 1912 contends for the first time that the government breached the plea agreement. We review for plain error and find that the government did not breach the plea agreement with Cannel. We therefore affirm the sentence.

FACTUAL AND PROCEDURAL HISTORY

In January 2005, Cannel began chatting online under the username “surehing” with a Seattle…