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8th Circuit decides N.D. case Monday, August 8, 2022

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota case.

In United States v. Beston the court held that 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.

Read the court's opinion at: