U.S. v. Filzen

Dist. Ct. did not commit reversible error when sentencing defendant to 360-month term of incarceration, as well as imposing $1,100 special assessment, after defendant had entered into guilty plea to 11 felony robbery-related offenses, even though plea agreement called for sentence in 360-to-420-month range, as well as $900 special assessment. Relevant statute mandated imposition of $100 special assessment per felony count, and Dist. Ct. effectively rejected plea agreement when it failed to impose specified sentence in its entirety. Moreover, Dist. Ct. erred by failing to follow Rule 11(c)(5) procedures that allow defendant to withdraw his guilty plea when Dist. Ct. rejects plea agreement, after it told defendant that he would be allowed to withdraw his guilty plea if it did not accept plea agreement. However, defendant did not object to sentence when it was imposed, and any error was not reversible under plain error standard, where: (1) defendant received lawful sentence as Dist. Ct. was required to assess $100 per felony count; and (2) Dist. Ct.'s $200 variance did not undermine fairness, integrity or public reputation of judicial proceedings.