U.S. v. ARCHAMBAULT

No. 02-1703.

344 F.3d 732 (2003)

UNITED STATES of America, Appellee, v. Derek John ARCHAMBAULT, also known as Derek Martinez, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 2, 2003.


Attorney(s) appearing for the Case

Scott T. Kuck, argued, Aberdeen SD, for appellant.

Mikal G. Hanson, argued, Asst. U.S. Atty., Pierre, SD, for appellee.

Before MORRIS SHEPPARD ARNOLD, HANSEN, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Derek John Archambault pleaded guilty to one count of arson (in violation of 18 U.S.C. §§ 81 and 1153). At sentencing, the district court1 upwardly departed pursuant to Sentencing Guidelines §§ 4A1.3 and 5K2.7. On appeal Archambault argues that the departure was unwarranted and that the government breached its plea agreement.2 We disagree and affirm the sentence of...

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