United States Tenth Circuit

A sentence for involuntary manslaughter in Indian Country is reversed and remanded for resentencing by a different judge where the government breached the plea agreement because it had promised not to seek a higher offense level or an upward variance from the advisory guidelines range, but the prosecutor nonetheless complained about the applicable Guidelines.

Appellate Information

• Decided 04/26/2007
• Published 04/27/2007

Judges

• HARTZ, Circuit Judge., Before HENRY, BALDOCK, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Susan Bronstein Dunleavy, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant., David N. Williams, Assistant United States Attorney, (David C. Iglesias, United States Attorney, and Norman Cairns, Assistant United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.