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U.S. v. ANDERSON

No. 09-1612.

604 F.3d 997 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Alan D. ANDERSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 13, 2010.

Attorney(s) appearing for the Case

Michelle L. Jacobs, Attorney (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Johanna M. Christiansen, Attorney (argued), Jonathan E. Hawley, Chief Assistant Federal Public Defender, Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before FLAUM, ROVNER, and HAMILTON, Circuit Judges.

FLAUM, Circuit Judge.

Defendant-appellant Anderson argues that the government breached a plea agreement when it failed to move for a reduction to defendant's offense level pursuant to United States Sentencing Guidelines § 3E1.1(b). In the absence of a formal motion by the United States, the district court could not apply the reduction. The government concedes breach, but because appellant did not object at sentencing...

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