212186P.pdf   08/08/2022  United States  v.  Timothy Beston, Jr.
   U.S. Court of Appeals Case No:  21-2186
   U.S. District Court for the District of North Dakota - Eastern   
   [PUBLISHED] [Shepherd, Author, with Loken and Colloton, Circuit Judges] 
   Criminal case - Criminal law. The government breached the plea agreement 
   by effectively advocating for a higher restitution amount at sentencing, 
   thereby undermining judicial fairness, and the court would not enforce the 
   appeal waiver in defendant's guilty plea; defendant's oral objections to 
   restitution at sentencing were sufficient to preserve the issue; the 
   district court did not follow the procedure set forth in the Mandatory 
   Victims Restitution Act in calculating the amount of the loss, and the 
   evidence is insufficient to support the amount of restitution ordered; 
   under the court's procedures for remanding a case in the event of a 
   government-occasioned breach, the matter is remanded for further 
   proceedings before a different judge. Judge Loken, concurring. Judge 
   Colloton, dissenting.