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U.S. v. MALING

Nos. 90-1996, 90-1998 to 90-2000.

942 F.2d 808 (1991)

UNITED STATES, Appellee, v. Ralph L. MALING, Defendant, Appellant. UNITED STATES, Appellee, v. Keith MALING, Defendant, Appellant. UNITED STATES, Appellee, v. Chris MALING, Defendant, Appellant. UNITED STATES, Appellee, v. Paul RIZZO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 26, 1991.

Attorney(s) appearing for the Case

Joshua Dratel with whom Gerald B. Lefcourt, Gerald B. Lefcourt, P.C., Martin G. Weinberg, Oteri, Weinberg & Lawson, Earle C. Cooley, Cooley, Manion, Moore & Jones, and Richard Ivker were on brief, for defendants, appellants.

Paul V. Kelly, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, for appellee.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BREYER, Chief Judge.

This appeal focuses upon the interpretation of a portion of a particular Plea Agreement. Appellants argue that the Agreement imposes an overall ceiling of $2.8 million on the amount that appellants are to pay the Government through criminal fines and forfeiture, and that the district court should have been made aware of the Agreement's meaning at sentencing. We agree with them and we therefore remand this case for resentencing in respect to fines...

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