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U.S. v. MILES

Nos. 92-9074, 92-9091.

10 F.3d 1135 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Lynn MILES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gerald Jehoram GUSTUS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1993.

Attorney(s) appearing for the Case

Richard Alley, Fort Worth, TX (Court-appointed), for Gregory Lynn Miles.

Ira R. Kirkendoll, Federal Public Defender, Dallas, TX, for Gerald Jehoram Gustus.

Delonia A. Watson, Asst. U.S. Atty., Fort Worth, TX, for U.S. in No. 92-9074.

Joe C. Lockhart, Asst. U.S. Atty., Fort Worth, TX, for U.S. in No. 92-9091.

Paul E. Gartner, Jr., Asst. U.S. Atty., Richard H. Stephens, Fort Worth, TX, for U.S. in both cases.

Before GOLDBERG, JOLLY, and BARKSDALE, Circuit Judges.

BARKSDALE, Circuit Judge:

These appeals turn on whether the district court reversibly erred by engaging in plea negotiations in contravention of Federal Rule of Criminal Procedure 11(e)(1). In asserting that it did, Gregory Lynn Miles and Gerald Jehoram Gustus challenge their convictions obtained through plea agreements. We REVERSE their convictions and VACATE their sentences.1

I.

Based upon...

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