Ct. of Appeals dismissed defendant’s appeal that challenged his 61-month sentence on mail fraud and aggravated identify theft charges, where defendant argued that prosecution breached plea agreement by arguing during sentencing hearing that charges concerned 28 victims instead of four victims that were specifically mentioned in plea agreement. Language in plea agreement contained no stipulation purporting to limit number of fraud victims, and govt. did not breach plea agreement by presenting evidence at sentencing hearing that there were 28 victims of defendant’s scheme, where plea agreement only mentioned specific victims to serve as examples of instances of defendant’s fraud. Accordingly, because there was no breach of plea agreement, Ct. of Appeals enforced appeal waiver contained in agreement and dismissed instant appeal.
Federal 7th Circuit Court
Criminal Court
Sentencing