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U.S. v. JOHNSON

Nos. 95-9377, 95-9499 and 95-9509.

132 F.3d 628 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon JOHNSON, a.k.a. Gordy, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Donn BURNS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard PROCTOR, a.k.a. Ricky, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 6, 1998.

Attorney(s) appearing for the Case

Steven L. Beauvais, Zipperer & Lorberbaum, P.C., Savannah, GA, for Johnson.

Robert J. Duffy, Jack Strother, Duffy, Feemster & Lewis, Savannah, GA, for Burns.

George Terry Jackson, Jackson & Schiavone, Savannah, GA, for Proctor.

Joseph D. Newman, Jr., Asst. U.S. Atty., Savannah, GA, for United States.

Before EDMONDSON and DUBINA, Circuit Judges, and LIMBAUGH, Senior District Judge.

PER CURIAM:

Gordon Johnson, Donn Burns, and Richard Proctor challenge various trial rulings and sentencing determinations. We conclude that two reversible errors occurred as to Proctor's sentence: (1) Proctor's plea agreement was breached by the government; and (2) Proctor was improperly denied a third point of reduction for acceptance of responsibility. No other reversible errors exist. So, we vacate Proctor's sentence, remand for resentencing with instructions;...

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