United States v. Samantha Tackitt

MEMORANDUM

Samantha Jo Tackitt appeals from the district court’s judgment and challenges the 151-month sentence imposed following her guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a) arid 846. We have jurisdiction .under 28 U.S.C. § 1291 , and we vacate and remand for resentencing.

The government concedes that the government breached the parties’ plea agreement by using Tackitt’s immunized admissions about her criminal conduct at sentencing. The parties dispute what standard of review applies and whether Tackitt was prejudiced by the breach. We conclude that remand is warranted even under plain error review because there is a reasonable probability that the court’s choice of a high-end sentence was influenced by the immunized admissions. See United States v. Whitney, 673 F.3d 965, 972-74 (9th Cir.2012) (finding plain error where the government’s use of immunized admissions was an implicit argument for a harsher sentence and, therefore, likely “influenced the court’s overall view of the appropriate sentence”). Accordingly, we vacate and remand for re-sentencing. See id. at 976 . We remand to a different judge as required by…