U.S. v. MOULDER

Nos. 97-10417, 97-10436.

141 F.3d 568 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Lonnie Ray MOULDER; Walter Steven Heiden, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 9, 1998.


Attorney(s) appearing for the Case

Susan B. Cowger, Dallas, TX, for Plaintiff-Appellee.

Richard L. Wardroup, Lubbock, TX, for Moulder.

Edwin Gerald Morris, Austin, TX, for Heiden.

Before KING, BARKSDALE and PARKER, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether, after a defendant's plea-agreement-based-conviction is vacated on the basis that the conduct supporting the plea is no longer considered criminal, the Government may reinstate charges dismissed previously, pursuant to that plea agreement, when those putative charges pertain to criminal conduct linked with that which supported the agreement. In holding that the Government may do so, we AFFIRM.<...

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