UNITED STATES v. GRANDINETTI

Nos. 77-5080 and 77-5035.

564 F.2d 723 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Carmine GRANDINETTI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 15, 1977.


Attorney(s) appearing for the Case

Ralph Carmine Grandinetti, pro se.

Denis Dean, Miami, Fla. (court-appointed), for defendant-appellant in 77-5035 and 77-5080.

Arthur Massey, Miami Springs, Fla., for Bond Pending Appeal.

Jack V. Eskenazi, U. S. Atty., C. Wesley G. Currier, David F. Geneson, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, RONEY and FAY, Circuit Judges.


FAY, Circuit Judge:

This appeal presents the rather narrow issue of whether the government breached a plea agreement by expressing to the sentencing judge reservations over the terms contained within the agreement. Because we conclude that the plea bargain was not carried out by the attorneys of the government who either negotiated the plea or were charged with carrying out the plea agreement, we vacate the sentence and remand for the defendant to be resentenced by...

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