U.S. v. GERACE

No. 92-10388.

997 F.2d 1293 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Richard GERACE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1993.


Attorney(s) appearing for the Case

Christopher J. Cannon, Sugarman & Cannon, San Francisco, CA, for defendant-appellant.

Jeffrey L. Bornstein, Asst. U.S. Atty., San Francisco, CA, for plaintiff-appellee.

Before: GOODWIN, NOONAN, and T.G. NELSON, Circuit Judges.


GOODWIN, Circuit Judge:

Richard Gerace argues that he is entitled to a new sentencing hearing or to withdraw his plea of guilty because the government breached a plea agreement providing that it would "stand silent at sentencing" when it argued against leniency at a subsequent probation revocation hearing. In addition, Gerace contends that the district court violated Fed.R.Crim.P. 11's prohibition against judicial participation in the plea bargaining process when...

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