U.S. v. ELLIS

No. 09-50652.

641 F.3d 411 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Brian ELLIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2011.


Attorney(s) appearing for the Case

Jonathan D. Libby , Deputy Federal Public Defender, Los Angeles, CA, for defendant-appellant Kevin Brian Ellis.

Robert J. Keenan , Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee United States.

Before: PAMELA ANN RYMER, CONSUELO M. CALLAHAN, and SANDRA S. IKUTA, Circuit Judges.


OPINION

IKUTA, Circuit Judge:

Defendant Kevin Ellis appeals his sentence for seven counts of bank robbery. He argues that his sentence must be vacated and the case remanded for resentencing because the government breached the plea agreement, the district court's decision to make an upward departure from criminal history category II to III, see USSG § 4A1.3, was procedurally erroneous, and the district court's overall sentence was substantively...

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