United States v. Troyer, 677 F.3d 356

Troyer pleaded guilty to wire fraud and aggravated identity theft; total sentence 51 months (27 months + 24 months consecutive).
He stole over $100,000 by abusing a physician office credit card, masking statements, and using a physician's name to increase credit limits; forged checks for petty cash.
During pretrial release, Troyer had incidents: driving on a suspended license, no-show at May 11, 2011 hearing, and positive amphetamine test in June 2011 leading to detention.
Government moved for a downward departure under USSG § 5K1.1 based on substantial assistance; proposed 25% departure; Troyer urged 50–60% depending on cooperation.
The district court granted a six-month downward departure from the top of the advisory range (27–33 months), resulting in a 27-month guideline sentence, plus 24-month mandatory consecutive term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court erred by considering factors beyond assistance under § 5K1.1	Troyer	Troyer	No plain error; could still consider § 3553(a) factors after range calc.
Whether district court improperly refused to consider additional assistance not relied on by government	Troyer	Troyer	No plain error; court may consider only basis relied on by government; no reversal.

Gall v. United States, 552 U.S. 38 (U.S. 2007) (requires considering §3553(a) after guideline calculation)
United States v. Pepper, 412 F.3d 995 (8th Cir. 2005) (limits downwards departure to assistance-related considerations)
United States v. Dominguez Benitez, 542 U.S. 74 (U.S. 2004) (plain-error review requires likelihood of more lenient sentence absent error)
United States v. Olano, 507 U.S. 725 (U.S. 1993) (requirements for plain error review)
Johnson v. United States, 520 U.S. 461 (U.S. 1997) (definition of plain error standard)
United States v. Draffin, 286 F.3d 606 (D.C.Cir. 2002) (plain-error review guidance in ambiguous records)
Puckett v. United States, 556 U.S. 129 (U.S. 2009) (role of timely objections to preserve review)