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UNITED STATES v. BAYLIN

Nos. 82-1214, 82-1227.

696 F.2d 1030 (1982)

UNITED STATES of America v. Herbert BAYLIN, Petitioner-Appellant.

United States Court of Appeals, Third Circuit.

Decided December 30, 1982.

Attorney(s) appearing for the Case

Joseph J. Farnan, Jr., U.S. Atty., D. Del., John X. Denny, Jr., Peggy L. Ableman (argued), Asst. U.S. Attys., D. Del., Wilmington, Del., for U.S.

Irving Morris, Kevin Gross, Morris & Rosenthal, P.A., Wilmington, Del., Nathan Lewin (argued), Thomas B. Carr, James E. Rocap, III, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for Herbert Baylin.

Before ADAMS, HUNTER and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

In May, 1981, appellant Herbert Baylin pled guilty to a one-count income tax violation. He entered the plea pursuant to a plea agreement in which the Government promised, inter alia: (1) not to prosecute Baylin, his corporation, or any of its employees, for any of several enumerated offenses; and (2) to "remain silent" in connection with sentence. In July, 1981, Baylin was sentenced to three years in prison...

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