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U.S. v. KURKCULER

No. 89-1266.

918 F.2d 295 (1990)

UNITED STATES, Appellee, v. Ismail KURKCULER, a/k/a George Murphy, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 7, 1990.

Attorney(s) appearing for the Case

Ralph J. Perrotta, for defendant, appellant.

Seymour Posner, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., was on brief, for appellee.

Before BOWNES, Circuit Judge, BROWN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge.

This case presents the question, left unanswered by the Supreme Court in Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), of the appropriate remedy for a breach by the prosecution of a plea bargain agreement. Santobello left the choice of remedy, within certain boundaries, to the discretion of the state court, "which [was] in a better position to decide [what...

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