202170P.pdf   07/21/2021  United States  v.  Carvon Brown
   U.S. Court of Appeals Case No:  20-2170
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges] 
   Criminal case - Sentencing. If the government breached the plea agreement 
   in the case, a defendant may proceed with an appeal despite an appeal 
   waiver in the plea; defendant preserved the issue of breach for appeal; 
   the government breached the plea agreement, in which it agreed to a base 
   offense level of 12, by arguing in its sentencing memorandum that an 
   offense level of 20 applied; assuming, without deciding, that the 
   government could cure its breach, other circuits have held that only an 
   unequivocal retraction of the erroneous position could cure a breach, and 
   the government's actions here did not meet that standard; remanded for 
   resentencing before a different district court judge.