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U.S. v. GONCZY

No. 02-2399.

357 F.3d 50 (2004)

UNITED STATES of America, Appellee, v. Donald L. GONCZY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 2, 2004.

Attorney(s) appearing for the Case

Benjamin D. Entine, for appellant.

Kirby A. Heller, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Joshua Levy, Assistant United States Attorney, Carmen Ortiz, Assistant United States Attorney, and Monica S. Abrams, Attorney, Appellate Section, Criminal Division, were on brief, for appellee.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and OBERDORFER, Senior District Judge.

TORRUELLA, Circuit Judge.

Defendant-appellant Donald L. Gonczy ("Gonczy") appeals his sentence on the grounds that the government breached its plea agreement with him. We vacate the judgment and sentence, and remand for resentencing.

I.

Pursuant to a plea agreement with the government, Gonczy pled guilty to one count of conspiracy to commit wire and mail fraud, in violation of 18 U.S.C. § 371; eight counts of wire fraud, in violation of 18 U...

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