U.S. v. MONDRAGON

No. 99-30329.

228 F.3d 978 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Ray Lawrence MONDRAGON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 3, 2000.


Attorney(s) appearing for the Case

John P. Rhodes, Assistant Federal Defender, Missoula, Montana; Daniel Donovan, Assistant Federal Defender, Great Falls, Montana, for the defendant-appellant.

Kris A. McLean, Assistant United States Attorney, Missoula, Montana, for the plaintiff-appellee.

Before: FLETCHER, and TASHIMA, Circuit Judges, and DUPLANTIER, District Judge.


DUPLANTIER, District Judge:

Raymond Lawrence Mondragon appeals the sentence imposed following his guilty plea pursuant to a plea agreement. The sole issue is whether the sentence should be vacated because the government breached the plea agreement. We have jurisdiction of this appeal pursuant to 28 U.S.C. § 1291, and we remand for resentencing because the government breached the plea agreement.

The pertinent part of the plea agreement provided that, in...

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