00-1189 U.S. v. Atkinson

By: dmc-admin//August 6, 2001//

By: dmc-admin//August 6, 2001//

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“The government expressly informed the court of its pending sec. 5K1.1 motion. The government had also informed Judge Barker of the nature and extent of Atkinson’s cooperation at the two previous sentencing hearings. Based on the terms of the plea agreement, Atkinson was aware that the government intended to argue for a sentence of 35 years. The recommendation of a 188 month sentence falls well below this sentencing cap. After examining the terms of the plea agreement together with the unique facts of this case, we believe that the government fulfilled all promises arising out of the agreement. Atkinson’s claim of error fails.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Harlington Wood, J.

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