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U.S. v. WALSH

Nos. 93-1083, 93-1328.

7 F.3d 1064 (1993)

UNITED STATES of America, Appellant, v. David WALSH, Defendant, Appellee. In re UNITED STATES of America, Petitioner.

United States Court of Appeals, First Circuit.

Decided October 27, 1993.

Attorney(s) appearing for the Case

Ira Belkin, Asst. U.S. Atty., with whom Margaret E. Curran, Asst. U.S. Atty., and Lincoln C. Almond, U.S. Atty., Providence, RI, were on brief for appellant.

Susan M. Carlin, with whom Stephen R. Famiglietti and Famiglietti & Carlin, Ltd., Providence, RI, were on brief for defendant, appellee.

Before STAHL, Circuit Judge, ALDRICH and CAMPBELL, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This case presents, in the words of the district court, an issue of "very first impression under the guidelines." We believe the court correct as to uniqueness, but we would not limit this description to the guidelines. Having initiated the vacation of a negotiated plea at the time of sentencing, the court nevertheless left defendant with the benefit of his bargain, viz., free from all related charges, an immunity the government...

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