District court’s imposition of a 70-months’ sentence of defendant found guilty of conspiracy to distribute crack and powder cocaine is vacated and remanded as the defendant has met his burden of establishing plain error in the government’s breach of the plea agreement to recommend the minor participant reduction at sentencing.
Read US v. Dawson, No. 08-4000
Appellate Information
Argued: October 27, 2009
Decided: December 3, 2009
Judges
Opinion by Circuit Judge Hamilton
Counsel
For Appellant: Sandra Barrett
For Appellee: Amy Elizabeth Ray, Office of the United States Attorney
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