192956P.pdf   05/26/2020  United States  v.  Eric Zurheide
   U.S. Court of Appeals Case No:  19-2956
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Erickson, Author, with Loken and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. The prosecutor's sentencing comments did not 
   breach the plea agreement as the government fulfilled its duty when it 
   recommended to the court that it impose the jointly-recommended sentence; 
   even if error was assumed, defendant cannot show a reasonable probability 
   that the district court would have imposed a lesser sentence had the 
   government not breached the agreement; the court had expressed doubt about 
   the recommendation before the prosecution's comments, and its statements 
   that the crime was simply too disturbing for anything other than a top of 
   the applicable guidelines range establish that defendant would not have 
   received a lesser sentence without the comments.