UNITED STATES v. AVERY

No. 78-5203.

589 F.2d 906 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donna Faye AVERY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 16, 1979.


Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Joel Kaplan, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Jack V. Eskenzzi, U. S. Atty., Linda C. Hertz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and HILL, Circuit Judges.


PER CURIAM:

This appeal concerns the interpretation of a plea agreement in which the government promised "that at the time of sentencing they will make no recommendation and stand mute." The defendant was indicted on four counts of unlawful possession and transportation of two short-barreled shotguns. The defendant agreed to plead guilty to Count III of the indictment, possession of an unregistered firearm, 26 U.S.C. § 5861(d), in return for the dismissal of...

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