United States Eighth Circuit

Where the government stipulates to a drug quantity and a base offense level, it may not then initiate an effort at sentencing to obtain a greater sentence, even if it has come to believe that the stipulation was made in error; its attempt to do so here is a breach of the plea agreement. Remanded for resentencing.

Appellate Information

• Decided 04/28/2004
• Published 04/28/2004

Judges

• COLLOTON, Circuit Judge., Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Larry Curtis Pace, argued, Kansas City, MO, for appellant.


• For Appellees:
  
• Lajuana M. Counts, argued, Asst. U.S. Attorney, Kansas City, MO, for appellee.