Circuit affirms sentence despite district court’s application of Guideline range that differed from parties’ plea agreement

In United States v. Byrd, the Second Circuit affirmed a sentence despite the District Court finding an applicable guideline range different from the one agreed to by the parties in a written plea agreement.  The Circuit held that although “district courts have the discretion to give effect to Guidelines calculations in plea agreements that result in downward departure from the correct Guidelines range,” there is no affirmative obligation that the district court give effect to such calculations.  Unless the district court misunderstood its authority to depart, the decision not to depart is generally unreviewable.