U.S. v. RIVERA

No. 02-3067.

357 F.3d 290 (2004)

UNITED STATES of America v. Isaac RIVERA, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: February 9, 2004.


Attorney(s) appearing for the Case

Clayton A. Sweeney, Jr. (Argued), Philadelphia, PA, Counsel for Appellant.

Christopher J. Christie, United States Attorney, George S. Leone, Chief, Appeals Division, Newark, N.J., Norman Gross (Argued), Assistant United States Attorney, Camden, N.J., Counsel for Appellee.

Before: SLOVITER and ALITO, Circuit Judges, and OBERDORFER, District Judge.


OPINION OF THE COURT

OBERDORFER, Senior District Judge.

Isaac Rivera appeals from his sentence after he pled guilty pursuant to a plea agreement with the United States. For the reasons stated below, we hold that the government breached that agreement and vacate the sentence. We then follow the well-established procedure of remanding to the district court for resentencing.

I.

From approximately June 2000 until on or about June 5, 2001, Rivera...

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