United States First Circuit

The government's statement, that the district court "should be free" on resentencing to upwardly depart sua sponte if it determined that the defendant's criminal history category under-represented the seriousness of his criminal history, did not breach its plea agreement to forego advocacy of an upward departure at a defendant's sentencing.

Appellate Information

• Decided 08/18/2003
• Published 08/18/2003

Judges

Court

• United States First Circuit

Counsel