United States Fourth Circuit

Where defendant's appeal materially breaches the terms of his plea agreement, the Government is released from its implied reciprocal promise not to appeal the merits of a judgment of conviction or sentence.

Appellate Information

• Decided 07/13/2001
• Published 07/13/2001

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and ALARCON, Senior Circuit Judge, of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth Davis Bell, Assistant United States Attorney, Office of the United States Attorney, Charlotte, NC, for Appellant. Thomas S. Hicks, Thomas S. Hicks, P.L.L.C., Wilmington, NC, for Appellee. ON BRIEF:  Mark T. Calloway, United States Attorney, C. Nicks Williams, Assistant United States Attorney, Office of the United States Attorney, Charlotte, NC, for Appellant.