U.S. v. DAWSON

No. 08-4000.

587 F.3d 640 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Malcolm DAWSON, a/k/a Jun, a/k/a Mac, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 2009.


Attorney(s) appearing for the Case

ARGUED: Sandra Barrett, Asheville, North Carolina, for Appellant. Amy Elizabeth Ray, Office of the United States Attorney, Asheville, North Carolina, for Appellee. ON BRIEF: Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded for resentencing by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge KING and Judge TRENGA joined.


OPINION

HAMILTON, Senior Circuit Judge:

The issue presented in this appeal is whether the defendant, Malcolm Dawson, is entitled to be resentenced based on his claim that the government breached the terms of his plea agreement by failing to recommend at sentencing a two-level minor participant reduction in his offense level. For the reasons stated below, we conclude that Dawson has met his burden of establishing plain error. Accordingly, we vacate his sentence...

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