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U.S. v. SANDOVAL

No. 99-1298.

204 F.3d 283 (2000)

UNITED STATES of America, Appellee, v. Eddy I. SANDOVAL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 25, 2000.

Attorney(s) appearing for the Case

Robert Sugar, by appointment of the court, for appellant.

Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, and Stephanie S. Browne, Assistant United States Attorney, were on brief, for appellee.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.

SELYA, Circuit Judge.

In United States v. Alegria, 192 F.3d 179, 187 (1st Cir.1999), we held "that the government must perform in good faith the discretionary obligations that it affirmatively undertakes in a plea agreement." We then applied that principle to a situation in which the government had promised explicitly to consider moving for a downward departure under USSG § 5K1.1. See id. at 188. In the instant...

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