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132510P.pdf   05/22/2014  United States  v.  Frank Rendon
   U.S. Court of Appeals Case No:  13-2510
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Murphy, Author, with Wollman and Gruender, Circuit Judges] Criminal Case - sentence. After defendant entered into plea agreement admitting to drug quantity, defendant wrote to district court denying responsibility for involvement in the large quantity of methamphetamine. As a result, with the government's agreement, the district denied credit for acceptance of responsibility, calculated the base offense level at 38, and sentenced Reardon to 360 months imprisonment. Reviewing for plain error, the government did not breach the plea agreement by not requesting a 3-level reduction for acceptance. As for whether the government breached the agreement by agreeing at sentencing to a base offense level of 38, Rendon cannot show prejudice.