[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 16-12006

Non-Argument Calendar

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D.C. Docket No. 2:15-cr-00008-LGW-RSB-2

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

CHRISTOPHER DASHAUN YOUNG,

a.k.a. Gooch,

a.k.a. Lil Bub,

 Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Georgia

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(December 6, 2016)

Before WILSON, JULIE CARNES and JILL PRYOR, Circuit Judges.

PER CURIAM: 

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Christopher Young appeals his 288-month sentence after pleading guilty to

conspiracy to distribute controlled substances, 21 U.S.C § 846, and possession of a 

firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A). On 

appeal, Young argues (1) that the government breached his plea agreement by not 

recommending a sentence within the guideline range, and (2) that the government 

did not meet its burden to prove that he breached the plea agreement by obstructing 

justice when he tampered with witnesses. After review of the record and the

parties’ briefs, we affirm.

“Whether the government has breached a plea agreement is a question of 

law that [we] review[] de novo.” United States v. Horsfall, 552 F.3d 1275, 1281 

(11th Cir. 2008) (per curiam) (internal quotation marks omitted). However, we 

review the district court’s determinations regarding the defendant’s conduct, 

namely the alleged obstruction of justice, for clear error. See United States v. 

Amedeo, 370 F.3d 1305, 1318 (11th Cir. 2004). Also, “we must give due regard to 

the opportunity of the district court to judge the credibility of the witnesses, and we 

will not overturn the district court’s findings of fact unless they are clearly 

erroneous.” United States v. Jenkins, 901 F.2d 1075, 1083 (11th Cir. 1990). 

“The government is bound by any material promises it makes to a defendant 

as part of a plea agreement that induces the defendant to plead guilty.” Horsfall, 

552 F.3d at 1281 (internal quotation marks omitted). But, the government is freed 

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from its obligations under the plea agreement when the defendant substantially 

breaches it. United States v. Salmona, 810 F.3d 806, 811 (11th Cir. 2016). 

Although the plea agreement between Young and the government includes a 

commitment by the government to recommend a sentence within the guidelines 

range, it could be voided if Young obstructs justice or otherwise fails to comply 

with its terms.

Regardless of whether the government failed to meet its obligations under 

the plea agreement, which is not clear, the government was released from any 

obligations under it because Young breached the plea agreement.

1

 The district 

court found that the government proved, by a preponderance of the evidence, that 

Young obstructed justice when he threatened codefendants to remain silent and 

refrain from cooperating with authorities. See Salmona, 810 F.3d at 811. The 

government presented recordings of phone calls, along with testimony from an FBI 

agent and a co-defendant who was the target of some threats. The district court did 

not clearly err when it found this testimony to be credible and determined that 

Young obstructed justice by tampering with witnesses. See Amedeo, 370 F.3d at 

1318. Consequently, the government was freed from its obligations under the plea 

agreement after Young’s breach. 

 1 The government’s request for a “substantial period of incarceration” is not clearly inconsistent 

with its obligation to recommend a sentence within the guideline range, which was 210–240 

months (plus a mandatory consecutive 60 month term). Further, the district court explicitly 

stated that it did not construe the government’s request as one for an above-the-guideline-range 

sentence.

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AFFIRMED.

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