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U.S. v. SCHWARTZ

No. 05-4978.

511 F.3d 403 (2008)

UNITED STATES of America v. Joseph SCHWARTZ, Appellant.

United States Court of Appeals, Third Circuit.

Filed: January 10, 2008.

Attorney(s) appearing for the Case

Robert A. Zauzmer, (Argued), Karen L. Grigsby, Thomas P. Hogan, Jr., Office of the United States Attorney, Philadelphia, PA, Attorneys for Appellee.

Jeffrey M. Lindy, (Argued), Lindy & Associates, Philadelphia, PA, Attorneys for Appellant.

Before: SLOVITER, CHAGARES and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Defendant Joseph Schwartz appeals from a judgment of sentence imposed after he entered into a written plea agreement (Agreement). The gravamen of Schwartz's appeal is that the government breached the Agreement and acted in bad faith when it withdrew its previously-filed motion for downward departure pursuant to § 5K1.1 of the United States Sentencing Guidelines.

I.

After Schwartz was arrested...

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