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U.S. v. RODRIGUEZ

No. 09-20181.

602 F.3d 346 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. David RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 2010.

Attorney(s) appearing for the Case

Renata Ann Gowie (argued), and James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Thomas B. Dupont, II (Court-Appointed), Heather Elizabeth Morrow (argued), Houston, TX, for Defendant-Appellant.

Before KING, BARKSDALE and ELROD, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

David Rodriguez challenges a greater sentence imposed on remand by a different judge from the one who imposed his first sentence. Previously, based on the Government's breach of his plea agreement, Rodriguez successfully appealed his first sentence. In remanding for resentencing, our court ordered it to be conducted by a different judge because of that breach. United States v. Rodriguez...

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