United States Tenth Circuit
US v. Cudjoe, 07-6166
A sentence pursuant to a plea to drug- and firearm-related offenses is vacated and remanded for resentencing where the government materially breached the plea agreement by asking the court to sentence defendant in a manner "that will protect society from him in any and all future events", in contravention of its promise to defendant it would not advocate for a sentence in excess of 30 years.
Appellate Information
- Decided 07/29/2008
- Published 07/30/2008
Judges
- MURPHY, Circuit Judge., Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Mark Henricksen, Henricksen & Henricksen Lawyers, Inc., Oklahoma City, OK, for Defendant-Appellant., Leslie M. Maye, Assistant United States Attorney (John C. Richter, United States Attorney, with her on the brief), Oklahoma City, OK, for Plaintiff-Appellee.