111390P.pdf   04/27/2012  United States  v.  Steven Vandebrake
   U.S. Court of Appeals Case No:  11-1390
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Bye, Author, with Chief Judge Riley, and Beam, Circuit Judges]
   Criminal Case - sentence. District court varied upward from the advisory
   guidelines range and sentenced defendant to 48 months imprisonment,
   three years of supervised release and fine of $829,715.85 after guilty plea
   to price fixing and bid rigging in violation of 15 U.S.C. sec.1. Claim that
   district court abused its discretion in not accepting a binding plea is
   foreclosed by guilty plea to a non-binding plea agreement. Sentence and
   fine were not substantively unreasonable, as district court gave cogent
   reasons of its policy disagreement with the guidelines and based the
   sentence on case-specific circumstances, including defendant's lack of
   remorse. Chief Judge Riley concurs. Judge Beam dissents.