United States First Circuit

Appellant must be given an opportunity to withdraw his guilty plea where a prosecutor breached a plea agreement by failing to recommend, as agreed, a sentence based on a drug quantity of five to fifty grams and instead accepting a pre-sentence report recommendation of 480 grams, without mentioning the agreement.

Appellate Information

• Decided 04/24/2002
• Published 04/24/2002

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tina Schneider, for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, were on brief, for appellee.