United States Second Circuit

Sentence for communicating a threat in interstate commerce, in violation of 18 U.S.C. section 875(c), is vacated where the district court should have afforded defendant the opportunity to withdraw his plea after the Government violated the plea agreement by seeking an enhancement based on conduct known at the time of the agreement, but not included in the estimated offense level.

Appellate Information

• Decided 10/10/2003
• Published 10/10/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  VAN GRAAFEILAND, CABRANES, and B.D. PARKER, Jr., Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• J. Edward Meyer (Patricia B. Wild, of counsel), Meyer Taub & Wild, LLP, New York, NY, for Defendant-Appellant., Caren Myers, Assistant United States Attorney (David C. James, Assistant United States Attorney, of counsel, Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office, Eastern District of New York, Brooklyn, NY, for Appellee.