United States Fourth Circuit

The Double Jeopardy Clause cannot be applied to reward defendant with a type of punishment less severe than that provided for in his plea agreement, when the less severe punishment was obtained only by his breach of the plea agreement.

Appellate Information

• Decided 10/30/2002
• Published 10/30/2002

Judges

• Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth Davis Bell, Office of the United States Attorney, Charlotte, North Carolina, for Appellant.  James Edward Neuman, Mischel, Neuman & Horn, P.C., New York, New York, for Appellee.   ON BRIEF:  Robert J. Conrad, Jr., United States Attorney, Brian Lee Whisler, Assistant United States Attorney, Charlotte, North Carolina, for Appellant.   Joseph L. Ledford, Charlotte, North Carolina;  Thomas S. Hicks, Wilmington, North Carolina, for Appellee.