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U.S. v. HOOTEN

No. 90-8566.

942 F.2d 878 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. David HOOTEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 15, 1991.

Attorney(s) appearing for the Case

Walter M. Reaves, West, Tex. (Court Appointed), for defendant-appellant.

Michael W. McCrum, LeRoy M. Jahn, John Phinizy, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before KING and DUHÉ, Circuit Judges, and SCHWARTZ, District Judge:

KING, Circuit Judge:

David Hooten appeals his sentence imposed by the district court after he entered a guilty plea to the charge of conspiracy to manufacture amphetamine. He contends that the district court improperly adjusted his sentence contrary to Fed.R.Crim.P. 32(c) and the federal sentencing guidelines, and that the government breached its plea agreement. We remand for resentencing in accordance with this opinion.

I. BACKGROUND

Hooten became...

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