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U.S. v. FOWLER

No. 05-2532.

445 F.3d 1035 (2006)

UNITED STATES of America, Appellee, v. Dwight FOWLER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 17, 2006.

Attorney(s) appearing for the Case

Janis C. Good, argued, Asst. Federal Public Defender, St. Louis, MO, for appellant.

Roger Keller, argued, Asst. U.S. Atty., St. Louis, MO, for appellee.

Before BYE, HEANEY, and MELLOY, Circuit Judges.

HEANEY, Circuit Judge.

Dwight Fowler pled guilty to five counts of bank robbery. The district court imposed a sentence of 151 months of imprisonment, to be followed by three years of supervised release. Fowler appeals. We hold that the government materially breached its plea agreement by advocating for the imposition of the career-offender enhancement, in spite of its promise to recommend that the district court calculate Fowler's sentence based on an offense level...

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