United States Fourth Circuit
US v. Dawson, 08-4000
District court's imposition of a 70-months' sentence on defendant found guilty of conspiracy to distribute crack and powder cocaine is vacated and remanded as the defendant met his burden of establishing plain error in the government's breach of the plea agreement via its failure to recommend a minor participant reduction at sentencing.
Appellate Information
- Decided 12/03/2009
- Published 12/03/2009
Judges
- Before KING, Circuit Judge, HAMILTON, Senior Circuit Judge, and ANTHONY J. TRENGA, United States District Judge for the Eastern District of Virginia, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Sandra Barrett, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.