DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063149P.pdf 10/12/2007 United States v. Veronica Mosley
U.S. Court of Appeals Case No: 06-3149
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Colloton, Author, with Murphy and Hansen, Circuit
Judges]
Criminal Case - sentencing. 135-month sentence for bank robbery is
vacated as a breach of plea agreement. Plea agreement provided for two-
level downward adjustment for acceptance of responsibility and
government was barred from arguing defendant failed to accept
responsibility based on pre-plea statements. Government's argument that
defendant was not entitled to acceptance of responsibility reduction was
breach of plea agreement and resentencing is required. Harmless error
analysis does not apply. On remand, defendant shall be resentenced by
different judge.