U.S. v. WHITTINGTON

No. 90-5452 Non-Argument Calendar.

918 F.2d 149 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. William WHITTINGTON, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 27, 1990.


Attorney(s) appearing for the Case

William Whittington, Ft. Lauderdale, Fla., pro se.

Milton M. Ferrell, Jr., Ferrell, Fertel, Rodriguez & Mishael, P.A., Mily Rodriguez, Miami, Fla., for defendant-appellant.

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Linda Collins Hertz, Asst. U.S. Atty., for plaintiff-appellee.

Before JOHNSON, HATCHETT and CLARK, Circuit Judges.


CLARK, Circuit Judge:

The appellant in this case, William Marvin Whittington, appeals the district court's decision to increase his sentence one month prior to his scheduled release from prison. We reverse.

Background

Pursuant to a plea bargain on charges of importing multiple tons of marijuana and evading income tax, the district court sentenced appellant in 1986 to, inter alia, 180 months' imprisonment. The plea bargain agreement...

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