United States v. Ellis
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
IKUTA, Circuit Judge:
Defendant Kevin Ellis appeals his sentence for seven counts of bank robbery. He argues that his sentence must be vacated and the case remanded for resentencing because the government breached the plea agreement, the district court’s decision to make an upward departure from criminal history category II to III, see USSG § 4A1.3, was procedurally erroneous, and the district court’s overall sentence was substantively unreasonable. We hold that the government did not breach the plea agreement. Further, applying the reasoning in United States v. Mohamed, 459 F.3d 979,…
2Cases cited23 opinions
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