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UNITED STATES v. HOROVITZ

No. 76-3287.

565 F.2d 1295 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph HOROVITZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 9, 1978.

Attorney(s) appearing for the Case

Melvyn Kessler, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., Atlee Wampler, III, Strike Force Chief, U. S. Dept. of Justice, Washington, D. C., Jay R. Moskowitz, Atty., Strike Force, Miami, Fla., for plaintiff-appellee.

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

PER CURIAM:

Joseph Horovitz alleges the Government breached its plea bargain. The Government contends it adhered to what it thought was the agreement. In light of this factual dispute about the terms of the bargain, we vacate and remand.

Horovitz was named along with seven others in a multicount indictment on March 10, 1976.1 Specifically, he was indicted in Count One for conspiracy to transport stolen automobiles in interstate...

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