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SAN PEDRO v. U.S.

No. 94-4979.

79 F.3d 1065 (1996)

Alberto SAN PEDRO, Plaintiff-Appellant, v. UNITED STATES of America; Kendall Coffey, United States Attorney; United States Department of Justice, Immigration and Naturalization Service, District Director, Robert M. Moschorak; United States Department of Justice, Executive Office for Immigration Review, Director, David L. Milhollan; and United States Department of Justice, Executive Office for Immigration Review, Office of The Immigration Judge, Honorable Bruce W. Solow, and other individuals similarly situated, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 9, 1996.

Attorney(s) appearing for the Case

Arthur Joel Berger, Miami, FL, for appellant.

Kendall Coffey, U.S. Attorney, Dexter A. Lee, Linda Collins, Jeanne M. Mullenhoff, Asst. U.S. Attys., Miami, FL, for appellees.

Before COX, Circuit Judge, DYER, Senior Circuit Judge, and GOETTEL, Senior District Judge.

DYER, Senior Circuit Judge:

This case arises out of a dispute concerning the scope of a plea agreement between the United States government and Alberto San Pedro ("San Pedro") and representations made by the government during plea negotiations. The district court granted summary judgment for the government holding that the United States Attorney and the Assistant United States Attorneys ("AUSAs") did not have authority to promise, as part of a plea bargain, that San...

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