182197P.pdf   04/01/2019  United States  v.  Nicholas Beattie
   U.S. Court of Appeals Case No:  18-2197
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Wollman, Author, with Gruender and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The government did not breach 
   the plea agreement by stating in its objections to the PSR that it would 
   be for the court to decide whether defendant's pre-plea conduct would 
   merit denial of acceptance of responsibility; nor did the government 
   breach the plea when it argued in its sentencing brief for an obstruction 
   of justice enhancement as such an argument is not synonymous with an 
   argument against an acceptance of responsibility reduction and the 
   statement did not breach the government's plea agreement duty to recommend 
   an acceptance of responsibility reduction; no error in applying a 
   two-level increase for obstruction of justice under Guidelines Sec. 3C1.1; 
   no error in denying defendant an acceptance-of-responsibility reduction. 
   Judge Gruender, dissenting.