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U.S. v. GARCIA

No. 90-6266.

956 F.2d 41 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel GARCIA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1992.

As Amended March 2, 1992.

Attorney(s) appearing for the Case

Stanley K. Joynes, III, LeClair, Ryan & Joynes, P.C., Richmond, Va., argued, for defendant-appellant.

Thomas Phillip Swaim, Asst. U.S. Atty., Raleigh, N.C., argued (Margaret Person Currin, U.S. Atty., on brief), for plaintiff-appellee.

Before HALL, Circuit Judge, BUTZNER, Senior Circuit Judge, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Daniel Garcia appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate or correct his sentence because of an alleged breach of his plea agreement by the government. We reverse and remand.

I.

Appellant Daniel Garcia is a native of Colombia. He speaks almost no English. In 1986, he sold twenty kilograms of cocaine to a government informant, and on November 28 of that year, he was...

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