United States Fourth Circuit

By its plain language, defendant's breach of the plea agreement permitted the Government to refuse to dismiss and proceed to trial, and doing so did not violate due process; district court was more than justified in finding that she acted with malice in killing her estranged husband.

Appellate Information

• Decided 05/20/2004
• Published 05/20/2004

Judges

• Before WILLIAMS, KING, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Anthony Elmer Collins, Wise, Virginia, for Appellant.   Eric Matthew Hurt, Assistant United States Attorney, Newport News, Virginia, for Appellee. ON BRIEF:  John L. Brownlee, United States Attorney, Roanoke, Virginia, for Appellee.