U.S. v. TOBON-HERNANDEZ

No. 86-6013.

845 F.2d 277 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Edgar TOBON-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 16, 1988.


Attorney(s) appearing for the Case

Lisa A. Rosenthal, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Leon Kellner, U.S. Atty., Mayra Reyler Lichter, Linda Collins Hertz, Kenneth Noto, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and MARKEY, Chief Circuit Judge.


HATCHETT, Circuit Judge.

Appellant, Edgar Tobon-Hernandez, appeals an order of the district court imposing two concurrent sentences on cocaine conspiracy and possession charges. Finding that the government violated the plea agreement, we affirm in part, vacate the sentences, and remand for resentencing.

FACTS

On April 10, 1986, federal law enforcement agents observed a blue Monte Carlo automobile, driven by a male, leaving a residence in Pembroke...

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