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WASHINGTON v. RAFFERTY

No. 86-5116.

830 F.2d 23 (1987)

Booker T. WASHINGTON v. John J. RAFFERTY, Warden, Rahway State Prison Irwin I. Kimmelman, Attorney General of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 30, 1987.

Rehearing and Rehearing Denied October 28, 1987.

Attorney(s) appearing for the Case

W. Cary Edwards, Atty. Gen. of N.J., Richard J. Hughes Justice Complex, Gilbert G. Miller, Deputy Atty. Gen., Div. of Criminal Justice, Appellate Section, Trenton, N.J., for appellants.

Richard Coughlin, Asst. Federal Public Defender, Dist. of N.J., Camden, N.J., for appellee.

Before WEIS, BECKER and MARIS, Circuit Judges.

Submitted Pursuant To Third Circuit Rule 12(6) June 22, 1987.

Rehearing and Rehearing En Banc Denied October 28, 1987.

OPINION OF THE COURT

WEIS, Circuit Judge.

Finding that the state failed to abide by the terms of a plea bargain, the district court granted a writ of habeas corpus. The issue before us is whether the prosecutor had agreed that he would not make a recommendation on sentencing to the trial court. We conclude that inconsistencies...

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