US v. Smith, No. 08-3903
Defendant's sentence for conspiracy to engage in the unlicensed dealing of firearms is affirmed where: 1) because defendant did not object at the time of sentencing that the prosecutor's remarks were in breach of the plea agreement, such a claim was not preserved for appeal; and 2) the terms of the plea agreement did not preclude the government from making a good faith argument that defendant did not satisfy one or more of the conditions entitling him to a downward departure recommendation.
Submitted: October 23, 2009
Filed: December 30, 2009
Opinion by Judge Piersol
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