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WHITE v. UNITED STATES

No. 79-1143.

425 A.2d 616 (1980)

Clarence Paul WHITE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 18, 1980.

Attorney(s) appearing for the Case

Mady Gilson, Public Defender Service, Washington, D. C., with whom Silas J. Wasserstrom, Public Defender Service, Washington, D. C., on brief, for appellant.

Keith A. O'Donnell, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., John A. Terry, Steven C. Tabackman, Leonard E. Birdsong, and Robert B. Cornell, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before KELLY, HARRIS and FERREN, Associate Judges.

FERREN, Associate Judge:

This case presents one question: whether the government broke its agreement not to oppose a substantial suspended sentence and residential drug program for appellant, Clarence Paul White, in exchange for his agreement to plead guilty to charges of second-degree burglary and forgery. We answer in the affirmative, vacate appellant's sentences, and remand for resentencing by a different judge.

I.

On October 18, 1978, the government...

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