Legal Opinion · Dissent

United States v. Nicholas Beattie

Court of Appeals for the Eighth Circuit

Decided April 1, 2019No. 18-2197Published

1DissentGruender, Circuit Judge

I would hold that the Government breached the plea agreement on December 27, 2017 when it invited the district court to consider denying Beattie a reduction for acceptance of responsibility on the basis of his alleged pre-plea obstruction of justice. Accordingly, I would vacate his sentence and remand for resentencing before a different judge. See United States v. Mosley , 505 F.3d 804 , 809-12 (8th Cir. 2007).

While "[c]ontract principles often provide a useful means by which to ... ensure the defendant what is reasonably due to him in the circumstances," a plea agreement "is not simply a…

2Cases cited4 opinions

  1. United States v. MosleyCourt of Appeals for the Eighth Circuit · 2007
  2. United States v. Jamal T. NorrisCourt of Appeals for the Eighth Circuit · 2007
  3. United States v. Ronald Mitchell, United States of America v. Ronald MitchellCourt of Appeals for the Eighth Circuit · 1998
  4. United States v. VennesDistrict Court, D. Minnesota · 2015

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