United States Ninth Circuit

Defendant's sentence for illegal reentry is vacated and remanded for resentencing, where: 1) the defendant and the government executed a fast-track plea agreement; 2) the government breached the plea agreement through its repeated and inflammatory references to the defendant's criminal history in its sentencing memorandum, arguing implicitly for a higher punishment than it had agreed to recommend; and 3) because the defendant appealed only his sentence and did not seek vacatur of his conviction, only the sentence was vacated and remanded for further proceedings.

Appellate Information

• Decided 10/08/2014
• Published 10/08/2014

Judges

• Wardlaw

Court

• United States Ninth Circuit

Counsel