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U.S. v. WILSON

Docket No. 17-1896-cr August Term, 2018.

920 F.3d 155 (2019)

UNITED STATES of America, Appellee, v. Tyrone WILSON, aka Biscuit, aka Young Bricky, Joseph Garcia, aka Jo Jo, Musa Marshall, aka Slim, Crystal Lewis, aka Ebb, Verdreea Olmstead, aka Auntie, Joseph Randolph, aka Rizzle, Joseph Valentin, aka J., Tyhe Walker, aka G.I.B., aka Guy in the Bushes, Algenis Carabello, aka High-Henny, Jorge Mejia, aka Moose, aka Mussolini, Ronald Herron, aka Ra, aka Ra Diggs, aka Ra Digga, aka Raheem, Defendants, Shondell Walker, aka M-Dot, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 4, 2019.

Attorney(s) appearing for the Case

JILLIAN S. HARRINGTON , Monroe Township, NJ ( Martin J. Siegel , on the brief, New York, NY), for Defendant-Appellant.

RENA PAUL , Assistant United States Attorney ( Richard P. Donoghue , United States Attorney for the Eastern District of New York, Amy Busa , Samuel Nitze , David Lizmi , Assistant United States Attorneys, on the brief), Brooklyn, NY, for Appellee.

Before: JACOBS, CALABRESI, Circuit Judges, RAKOFF, District Judge.

This case presents the question of whether the Government breaches a plea agreement when it agrees to an estimated sentence—known as a "Pimentel estimate" —in a defendant's plea bargain, then advocates for a substantially higher sentence at the defendant's sentencing hearing on the basis of information...

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