U.S. v. Taylor

Dist. Ct. did not err in sentencing defendant to 135-month term of incarceration on possession of child pornography charge, where: (1) defendant had pleaded guilty to said charge, where plea agreement contemplated offense level at 31 based on two-level reduction for defendant not having distributed said pornography; (2) probation officer prepared presentence report that indicated that defendant was not entitled to said reduction; and (3) both parties made no objection to presentence report, and Dist. Ct. thereafter adopted said report. Govt. did not breach agreement by advocating for within Guidelines sentence based on offense level accepted by Dist. Ct., and agreement otherwise provided that Dist. Ct. was not bound by calculation of offense level made by parties. Moreover, defendant was free to argue for sentence below range chosen by Dist. Ct. Also, defendant’s stipulations in agreement waived his right to appeal imposition of two enhancements contained in plea agreement.