U.S. v. Munoz

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 12-3351
Decision Date: 
June 10, 2013
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 181-month term of incarceration on drug conspiracy charge that was based in part on calculation of offense level of 32, even though defendant had entered into plea agreement that called for stipulated offense level of 30, along with govt. recommendation of imposition of sentence at minimum of applicable sentencing guideline range. Govt. could seek higher offense level and advocate for longer sentence where defendant breached agreement by fleeing jurisdiction prior to sentencing hearing and avoiding recapture for five-year period. Fact that govt. obtained some benefit arising out of agreement in form of avoiding trial on charged offense did not require different result, where govt. was forced to devote resources to find and apprehend defendant so that he would serve sentence.