United States First Circuit

The government breached the plea agreement by paying lip service to the agreed-upon recommendation of a 70-month prison term while substantively arguing for a sentence at the higher end of the guidelines. Remanded for resentencing.

Appellate Information

• Decided 02/02/2004
• Published 02/02/2004

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Benjamin D. Entine, for appellant.


• For Appellees:
  
• Kirby A. Heller, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Joshua Levy, Assistant United States Attorney, Carmen Ortiz, Assistant United States Attorney, and Monica S. Abrams, Attorney, Appellate Section, Criminal Division, were on brief, for appellee.