United States Third Circuit

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US v. Erwin, 13-3407

Judgment of sentence is vacated and remanded for de novo resentencing, where: 1) defendant entered a plea agreement that included a waiver of right to appeal his sentence if it was within a certain advisory Sentencing Guidelines range; 2) the Government fulfilled its part of the bargain by not bringing further criminal charges against defendant; 3) defendant's appeal fell within the scope of his appellate waiver, to which he knowingly and voluntarily agreed, and he failed to raise any meritorious grounds for circumventing the waiver; and 4) the appropriate remedy for defendant's breach of specific performance is to excuse the Government from its obligation to move for a downward departure.

Appellate Information

  • Decided 08/26/2014
  • Published 08/26/2014

Judges

  • Chagares

Court

  • United States Third Circuit

Counsel

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