United States v. Adam Kane

MEMORANDUM

Adam Michael Kane appeals from the district court’s judgment and challenges the 14-month sentence imposed upon revocation of supervised release. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Kane contends that he admitted to one of the allegations that he violated supervised release in exchange for the government’s promise to dismiss the remaining allegations. Kane argues that the government breached this agreement when it discussed the dismissed allegations during his sentencing. Where a defendant fails to object below, we review the alleged breach of a plea agreement for plain error. See Puckett v. United States, 556 U.S. 129, 148 , 129 S.Ct. 1428 , 173 L.Ed.2d 266 (2009). The district court did not err. Assuming that there was an agreement, the government complied with its obligations and dismissed the remaining allegations against Kane at his sentencing hearing. The government never agreed not to discuss the dismissed allegations at sentencing.

Kane next contends that he received ineffective assistance of counsel at sentencing because his attorney failed to object when the government discussed the dismissed allegations. Because the government’s…