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U.S. v. HUANG

No. 98-5393.

178 F.3d 184 (1999)

UNITED STATES of America, v. Da Ping HUANG, Appellant.

United States Court of Appeals, Third Circuit.

Filed May 24, 1999.

Attorney(s) appearing for the Case

George S. Leone, Shawna H. Yen, Office of United States Attorney, Newark, NJ, for Appellee.

Po W. Yuen, Yuen & Yuen, New York, N.Y., for Appellant.

Before: GREENBERG, ROTH, and ROSENN, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) March 26, 1999.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises a question of first impression in this circuit, and apparently the nation, relating to the enforcement of a cooperative plea agreement in the course of the sentencing proceedings under the United States Guidelines. In determining whether the Government breached its agreement under the plea agreement to move for a downward departure...

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