United States v. Frederick Brye

BRISCOE, Circuit Judge.

Defendant Frederick Brye entered into a plea agreement and pleaded guilty to being a felon in possession of ammunition, a violation of 18 U.S.C. § 922(g). He was sentenced to sixty months’ imprisonment and three years’ supervised release. He appeals his sentence, contending the government breached the plea agreement and the district court erred in denying a downward departure for pre-indictment delay. We conclude the government did breach the plea agreement and remand for resentencing. We dismiss for lack of jurisdiction defendant’s claim that the court erred in denying…