UNITED STATES v. AVERY

No. 79-5329.

621 F.2d 214 (1980)

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

United States Court of Appeals, Fifth Circuit.

September 15, 1980.


Attorney(s) appearing for the Case

Joel Kaplan, Miami, Fla., for defendant-appellant.

James D. McMaster, Sonia E. O'Donnell, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before HENDERSON, HATCHETT and TATE, Circuit Judges.


HATCHETT, Circuit Judge:

At issue on this appeal is whether a plea agreement which provided that the government remain mute and make no recommendation at sentencing, obligated the government to refrain from providing information on a defendant's background and character to the probation officer for pre-sentence investigation purposes. Because the government's actions did not violate its plea agreement, we affirm.

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