POLITZ, Circuit Judge:
Following a nolo plea to a charge of simple assault by written communication, a misdemeanor under 18 U.S.C. § 113, Herbert Darrell Hay was sentenced to three months to run concurrently with a state-imposed life sentence. Hay attacked his conviction on direct appeal contending that the government reneged on one of the provisions of the plea agreement. We initially granted the government's motion to dismiss the appeal on the basis of mootness...
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