USA v. James Joseph McAndrew

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APRIL 25, 2012
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 11-14795
Non-Argument Calendar
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D.C. Docket No. 8:09-cr-00140-RAL-TBM-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
JAMES JOSEPH MCANDREW,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(April 25, 2012)
Before BARKETT, PRYOR and BLACK, Circuit Judges.
PER CURIAM:

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James Joseph McAndrew appeals his sentence of 720 months of
imprisonment for knowingly possessing child pornography that was transported in
interstate commerce, 18 U.S.C. § 2252A(a)(5)(B), and knowingly receiving child
pornography that was transported in interstate commerce, id. § 2252A(a)(2).
McAndrew argues that the government materially breached its written plea
agreement to recommend a sentence within the advisory guideline range. See
United States v. Johnson, 132 F.3d 628, 631 (11th Cir. 1998). The government
confesses error. The government concedes that, at resentencing, it breached the
plea agreement by asking the district court to sentence McAndrew above the
guideline range to the maximum term of imprisonment. We vacate and remand
this case for a new sentencing hearing before a different district court judge.
VACATED AND REMANDED.
2

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