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U.S. v. BELTRAN-ORTIZ

No. 95-5439.

91 F.3d 665 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Antonio BELTRAN-ORTIZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1996.

Attorney(s) appearing for the Case

ARGUED: Thomas Norman Cochran, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Timika Shafeek, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. ON BRIEF: Walter C. Holton, Jr., United States Attorney, Lisa B. Boggs, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Before MURNAGHAN, WILKINS, and LUTTIG, Circuit Judges.

Vacated and remanded with instructions by published opinion. Judge WILKINS wrote the opinion, in which Judge MURNAGHAN and Judge LUTTIG joined.

OPINION

WILKINS, Circuit Judge:

Jose Antonio Beltran-Ortiz appeals the sentence imposed by the district court, arguing that the Government breached his plea agreement by failing to debrief him prior to sentencing and by failing to recommend a sentence at the low end of his correct guideline range. The Government...

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