U.S. v. PRICE

No. 95-50467.

95 F.3d 364 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Ron Sylvester PRICE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 4, 1996.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Attorney, Joan E.T. Stearns, Office of the United States Attorney, San Antonio, TX, James H. DeAtley, Austin, TX, for plaintiff-appellee.

Joanalys B. Smith, Austin, TX, for defendant-appellant.

Before GARWOOD, BARKSDALE and DENNIS, Circuit Judges.


PER CURIAM:

Defendant-appellant Ron Sylvester Price (Price) appeals his sentence on the grounds that: (1) the Government breached the terms of the plea agreement by refusing to make a motion for downward departure for substantial assistance pursuant to U.S.S.G. § 5K1.1, thereby invalidating the waiver of appeal contained in the agreement and Price's sentence; (2) he received ineffective assistance of counsel because his attorney failed to advise him that the...

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