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U.S. v. DIXON

No. 92-5780.

998 F.2d 228 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Willie James DIXON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Susan Zalkin Hitt, Asst. Federal Public Defender, Columbia, SC, argued, for defendant-appellant.

Eric William Ruschky, Asst. U.S. Atty., Columbia, SC, argued (John S. Simmons, U.S. Atty., on brief), for plaintiff-appellee.

Before HALL and HAMILTON, Circuit Judges, and HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Willie Dixon was convicted of possession of a firearm by a convicted felon, and he appeals his fifteen-year sentence. Because the government breached the plea agreement by refusing to make a motion for a substantial assistance departure, we vacate the sentence and remand for resentencing.

I.

On April 6, 1991, Willie Dixon and another man committed a burglary. Dixon stole a gun in the process. Later that...

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