U.S. v. WHITNEY

No. 10-10118.

673 F.3d 965 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Edward WHITNEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 7, 2012.


Attorney(s) appearing for the Case

Tim Warriner , Sacramento, CA, for the appellant.

Samantha S. Spangler (argued) , Assistant United States Attorney, Benjamin B. Wagner, United States Attorney, Sacramento, CA, for the appellee.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.


OPINION

REINHARDT, Circuit Judge:

Scott Edward Whitney appeals his 87-month sentence on a guilty plea to a one-count indictment under 18 U.S.C. § 286. He contends that the U.S. Attorney breached the parties' plea agreement by disclosing admissions made by Whitney while cooperating with the government, and by urging imposition of a sentence above the low end of the Sentencing Guidelines. He also contends that the district court erred by improperly imposing...

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