United States v. Baker, 674 F.3d 1066

Baker pled guilty to one count of sexual exploitation of a minor under 18 U.S.C. § 2251(a) pursuant to a written plea agreement.
The plea agreement required the Government to recommend a sentence at the low end of Baker's advisory guidelines range (360 months).
The district court imposed a 480-month sentence, above the low end, after considering various sentencing factors.
At sentencing, the Government stated that Bakers actions showed a lifelong sexual preference for young children and that roughly 30 years would be enough to prevent recidivism.
Baker disclosed a waiver of appeal in the plea agreement, barring challenges except for ineffective assistance, prosecutorial misconduct, or illegal sentence.
Baker appealed alleging the Government breached the plea agreement; his counsel did not object at the hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Government breached the plea agreement.	Baker	Baker	No breach; recommendation complied
If breach occurred, would it affect Baker's substantial rights under plain error standard?	Baker	Baker	No plain-error impact; no reversible error

Lovelace, 565 F.3d 1080 (8th Cir. 2009) (plain-error review for appellate-waiver breach)
Has No Horses, 261 F.3d 744 (8th Cir. 2001) (non-enthusiastic plea-recommendation does not breach agreement)
Yellow, 627 F.3d 706 (8th Cir. 2010) (government may present evidence affecting sentencing without breaching plea)
Pirani, 406 F.3d 543 (8th Cir. 2005) (en banc standard for plain-error review of sentencing)
Keller, 413 F.3d 706 (8th Cir. 2005) (plain-error standard requires substantial-rights impact)
Paton, 535 F.3d 829 (8th Cir. 2008) (interpretation and enforcement of plea agreements, de novo review)