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Gov't Did not Breach "Oral" Plea Agreement

By Shari Allison

US v. Tremble, No. 07-3130 (10th Cir. 2/20/08) (unpublished):Tenth Circuit affirms Mr. Tremble's conviction and sentence for felon in possession. He was sentenced on Oct. 31, 2003, in Douglas County court to 40 months based on the same incident. He was also going to get sentenced in Shawnee County. In October 2004, he was indicted in federal court under 18 USC 922(g). There was no plea agreement, but the AUSA represented to the district court that the government would concede that any federal sentence should be concurrent with the Douglas County sentence and that he should get credit for the Douglas County time, but the government wanted the federal sentence to be consecutive to the Shawnee County sentence. Additionally, although the PSR calculated the GL range as 46-57 months imprisonment, the government asked for an upward variance, citing US v...continue to full post

Full post as published by Tenth Circuit Blog on February 22, 2008 (boomark / email).