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U.S. v. WOLTMANN

Docket No. 10-413.

610 F.3d 37 (2010)

UNITED STATES of America, Appellee, v. Gary WOLTMANN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 6, 2010.

Attorney(s) appearing for the Case

Richard M. Langone, Langone & Associates, Levittown, NY, for Appellant.

Charles P. Kelly, for Loretta E. Lynch, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.

Before JACOBS, Chief Judge, WINTER and WALKER, JR., Circuit Judges.

DENNIS JACOBS, Chief Judge:

Defendant-appellant Gary Woltmann pled guilty in the United States District Court for the Eastern District of New York (Platt, J.) to one count of tax fraud. Woltmann filed a notice of appeal challenging the sentence, and the government countered with a motion to dismiss, citing Woltmann's waiver of appeal in the plea agreement ("the Agreement"). We conclude that the waiver is unenforceable, and we vacate and remand to a different district...

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