U.S. v. LARA

No. 11-3850.

690 F.3d 1079 (2012)

UNITED STATES of America, Plaintiff-Appellee v. Jesus LARA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2012.


Attorney(s) appearing for the Case

David L. Dunagin , Fort Smith, AR, for appellant.

Clay Fowlkes , AUSA, Fort Smith, AR, for appellee.

Before LOKEN, GRUENDER, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

Jesus Lara pled guilty to distribution of a mixture or substance containing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii). The district court sentenced him to 130 months' imprisonment. Lara appeals his sentence, arguing that the government breached his plea agreement at the sentencing hearing. Having jurisdiction under 28 U.S.C. § 1291, this court vacates and remands for resentencing.

Lara entered...

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