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U.S. v. HAYES

No. 91-3152.

946 F.2d 230 (1991)

UNITED STATES of America, Appellee, v. David S. HAYES, Appellant. David S. Hayes, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 8, 1991.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., U.S. Atty., Bonnie R. Schlueter, Paul J. Brysh, Pittsburgh, Pa., for appellee.

Thomas A. Livingston, Pittsburgh, Pa., for appellant.

Before MANSMANN and ALITO, Circuit Judges, and NEALON, District Judge.

Submitted Under Third Circuit Rule 12(6) August 9, 1991.

OPINION OF THE COURT

NEALON, District Judge.

The appellant, David S. Hayes (Hayes), contends the government breached its plea agreement with him wherein it was stated that the government would not recommend a specific sentence. We agree and will vacate the sentence and remand for further proceedings.

I.

On December 3, 1990, Hayes entered guilty pleas in the United States District...

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