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U.S. v. ANTHONY

No. 95-30395.

93 F.3d 614 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Robert B. ANTHONY, aka Robert A. Brady, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Neil L. Cane, Spokane, Washington, for defendant-appellant.

Frank A. Wilson, Assistant United States Attorney, Spokane, Washington, for plaintiff-appellee.

Before WRIGHT, BEEZER and O'SCANNLAIN, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We must decide whether Anthony's plea agreement requires that he provide substantial assistance to the government in exchange for its promise to make a motion for a downward departure pursuant to section 5K1.1 of the Sentencing Guidelines.

BACKGROUND

Anthony was indicted and charged with four separate drug offenses. He agreed to plead guilty to one count of cocaine distribution in exchange for a dismissal of...

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