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U.S. v. FISCH

No. 88-5098.

863 F.2d 690 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Todd E. FISCH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1988.

Attorney(s) appearing for the Case

Leon W. Weidman, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Fred A. Schwartz, and Alvin E. Entin, Entin, Schwartz, Margules & Schwartz, Miami, Fla., for defendant-appellant.

Before WRIGHT, NORRIS and WIGGINS, Circuit Judges.

PER CURIAM:

Appellant Todd Fisch (Fisch) appeals the district court's judgment and sentence following his plea of guilty to charges of fraud and conspiring to defraud the United States. Fisch contends that the government breached their plea agreement. We agree and, accordingly, vacate the sentence and remand to the district court for resentencing.

The plea agreement between Fisch and the government obligated the government to inform the sentencing court of...

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