BRUNELLE v. U.S.

No. 88-5138.

864 F.2d 64 (1988)

Arthur James "Dinkey" BRUNELLE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1988.


Attorney(s) appearing for the Case

Joel F. Arnason, Grand Forks, N.D., for appellant.

Dennis D. Fisher, Asst. U.S. Atty., Fargo, N.D., for appellee.

Before HEANEY, BOWMAN and BEAM, Circuit Judges.


PER CURIAM.

Arthur James Brunelle appeals from the district court order granting his motion for habeas corpus, brought pursuant to 28 U.S.C. § 2255, with respect to the government's breach of a plea agreement but denying Brunelle's request for a new sentencing hearing before a different judge. We vacate the sentence and remand for resentencing before another judge, as required by Santobello v. New York, 404 U.S. 257, 92...

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