FLOYD R. GIBSON, Senior Circuit Judge.
Terrence Feldewerth was convicted and sentenced to two years imprisonment for evading taxes in violation of 26 U.S.C. § 7201 following the district court's determination that Feldewerth had breached the terms of a non-prosecution agreement. Feldewerth appeals his conviction and sentence. We vacate the conviction and sentence and remand to the district court for further proceedings consistent with this opinion.
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