Vindictive Prosecution Claim Rejected; Remand for Resentencing In Accord with Agreement Ordered

U.S. v. Catrell, 2014 WL 7242835 (12/22/14) (Kan.)(published) - Mr. Catrell was free to accept or reject Rule 11(c)(1)(C) agreement to 132-month sentence after addition of new charges subsequent to withdrawal of prior guilty plea, so the Court rejects his claim of vindictive prosecution. Despite parties' agreement to 132-month sentence based on 24 months for aggravated identity theft, to run consecutively with 108-month sentence for fraud and money laundering, the district court imposed 132 months total, but ordered 54 months on identity theft and 78 months on the other charges. The imposed sentence was illegal because the statutory maximum on identity theft is 2 years. The district court is ordered to resentence Mr. Catrell on all counts in accordance with the plea agreement.