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U.S. v. NORGAARD

No. 91-30007.

959 F.2d 136 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Gary NORGAARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 13, 1992.

Attorney(s) appearing for the Case

Joe M. Quaintance, Tacoma, Wash., for defendant-appellant.

Jerald Olson, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before HUG, NOONAN, and THOMPSON, Circuit Judges.

NOONAN, Circuit Judge:

Gary Duane Norgaard appeals the imposition of a sentence following the revocation of his probation, contending that the sentence violates a plea agreement with the United States. We agree with his contention and remand for resentencing.

FACTS

In 1984 Norgaard entered into a plea agreement with the United States by which he agreed to plead guilty to a charge of possession of cocaine with intent to distribute in violation of...

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