U.S. v. COOPER

No. 95-1005.

70 F.3d 563 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Norman COOPER, doing business as C & H Contracting Company, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 20, 1995.


Attorney(s) appearing for the Case

Charlotte J. Mapes, Assistant United States Attorney, (Henry L. Solano, United States Attorney with her on the brief), Denver, Colorado, for Plaintiff-Appellee.

Clifford J. Barnard, Boulder, Colorado, for Defendant-Appellant.

Before MOORE, HENRY, and BRISCOE, Circuit Judges.


HENRY, Circuit Judge.

The defendant, Norman Cooper, appeals his fifteen-month sentence for a violation of 18 U.S.C. § 641, Theft of Government Property Valued in Excess of $100.00. Mr. Cooper alleges that the government breached its plea agreement with him and that he should be allowed to withdraw his guilty plea. Because the government clearly violated the terms of the agreement, we vacate the plea and the judgment and remand for further proceedings.

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