United States v. Chhayarith Reth

MEMORANDUM

Chhayarith Reth participated in an organized crime ring that carried out the armed robberies of several computer com panies in the mid-1990s. In 1996, he was convicted in state court of one armed robbery, and thereafter he was indicted in federal court for that armed robbery and several others. In the federal proceedings, Reth pled guilty pursuant to a plea agreement, but his sentence was vacated on appeal and the case was remanded to a different district judge for resentencing. See United States v. Reth, Nos. 06-10244, 06-10254, 2007 WL 840986 , 2007 U.S.App. LEXIS 6858, at *6-7 (9th Cir. Mar. 19, 2007).

Reth now appeals his new sentence, arguing that the government’s conduct at resentencing breached the plea agreement and created the appearance of vindictiveness. He also contends that the district court erred by not reducing his sentence by the good time credits he would have received had his state sentence been served in federal prison. In turn, the government cross-appeals the district court’s modification of its judgment to make Reth’s sentence for violating 18 U.S.C. § 924 (c) concurrent with, rather than consecutive to, his state prison term. We affirm in part,…