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US v. Yellow, No. 09-3734

By FindLaw Staff on December 13, 2010 | Last updated on March 21, 2019

Sexual Abuse Sentence Affirmed

In US v. Yellow, No. 09-3734, the court affirmed defendant's sentence for sexual abuse of a minor, holding that the government did not breach the plea agreement because it did recommend, albeit unenthusiastically, an acceptance-of-responsibility reduction and because the government never promised to refrain from presenting evidence of obstruction of justice.


As the court wrote:  "Pursuant to a written plea agreement, Morris Yellow pleaded guilty to sexual abuse of a minor. The district court1 sentenced him to 108 months' imprisonment after denying a three-level acceptance-of-responsibly reduction under U.S.S.G. § 3E1 .1. Yellow timely appeals, claiming that the government breached the plea agreement by failing to adequately recommend an acceptance-of-responsibility reduction and by undermining the reduction by presenting evidence of obstruction of justice. We affirm."

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