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U.S. v. YELLOW

No. 09-3734.

627 F.3d 706 (2010)

UNITED STATES of America, Appellee, v. Morris YELLOW, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 10, 2010.

Attorney(s) appearing for the Case

James C. Cerney , Mobridge, SD; for appellant.

Eric D. Kelderman , AUSA, Pierre, SD, for appellee.

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Pursuant to a written plea agreement, Morris Yellow pleaded guilty to sexual abuse of a minor. The district court1 sentenced him to 108 months' imprisonment after denying a three-level acceptance-of-responsibly reduction under U.S.S.G. § 3E1.1. Yellow timely appeals, claiming that the government breached the plea agreement by failing to adequately recommend an acceptance-of-responsibility reduction and by undermining...

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