U.S. v. SALING

No. 99-40411.

205 F.3d 764 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Daniel SALING, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 29, 2000.


Attorney(s) appearing for the Case

Randall Lynn Fluke, Asst. U.S. Atty. (argued), Heather Harris Rattan, Sherman, TX, for Plaintiff-Appellee.

William J. Stith (argued), Stith & Stith, David Vincent Stith (argued), Plano, TX, for Defendant-Appellant.

Before POLITZ, GIBSON and HIGGINBOTHAM, Circuit Judges.


POLITZ, Circuit Judge:

Robert Daniel Saling, Jr. appeals his conviction and sentence on the grounds that the United States breached their plea agreement. Concluding that the government violated the express terms of its agreement with the defendant, we vacate the conviction and sentence and remand to the district court so that Saling may withdraw his guilty plea and further proceedings may be had.

BACKGROUND

Pursuant to a written plea agreement, Saling...

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