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U.S. v. HERRERA

No. 90-3196.

928 F.2d 769 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael HERRERA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 25, 1991.

Rehearing and Rehearing Denied May 7, 1991.

Attorney(s) appearing for the Case

Robert Brichler, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Cincinnati, Ohio, for plaintiff-appellee.

Judith A. Halprin (argued), Chicago, Ill., for defendant-appellant.

Before MARTIN and KRUPANSKY, Circuit Judges, and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 7, 1991.

BOYCE F. MARTIN, Jr., Circuit Judge.

Rafael Herrera raises three issues on appeal: (1) did the United States breach the plea agreement when it informed the probation office of the quantities of drugs involved in the case beyond those incorporated into the amended superceding indictment; (2) did the district court err in relying upon information in the pre-sentence report given by an informant who Herrera...

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