Federal 7th Circuit Court
Criminal Court
Sentencing
In prosecution on bank robbery charge, defendant waived appeal of his sentence pursuant to terms of plea agreement even though defendant alleged that govt. breached plea agreement by failing to recommend reduction in his sentence for acceptance of responsibility and by recommending two point enhancement to account for defendant's obstruction of justice based on defendant's giving false testimony in co-defendant's trial on same charges. Plain language of plea agreement provided for waiver of any appeal of defendant's sentence, and record showed that defendant initially breached terms of agreement by giving false testimony in co-defendant's trial, thereby relieving govt. of any obligation to recommend reduction in sentence.