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U.S. v. RODGERS

No. 286, Docket 96-1053.

101 F.3d 247 (1996)

UNITED STATES of America, Appellee, v. John Frank RODGERS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 27, 1996.

Attorney(s) appearing for the Case

Jeremiah Donovan, Old Saybrook, CT, for Defendant-Appellant.

Peter A. Clark, Assistant United States Attorney, District of Connecticut, New Haven, CT (Christopher F. Droney, United States Attorney, New Haven, CT, on the brief), for Appellee.

Before: WALKER and JACOBS, Circuit Judges and CARMAN, Chief Judge.

WALKER, Circuit Judge:

Defendant John Frank Rodgers claims that the government breached its plea agreement to recommend a downward departure from the guideline range in exchange for Rodgers's assistance in government investigations when (i) an FBI agent encouraged victims of Rodgers's fraud to submit letters to the sentencing court; (ii) the agent misinformed a bankruptcy trustee's attorney, who then informed the sentencing court, of the amount of corporate funds...

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