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UNITED STATES v. GARDNER

No. 19-1584.

5 F.4th 110 (2021)

UNITED STATES of America, Appellee, v. Louis GARDNER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

July 20, 2021.

Attorney(s) appearing for the Case

William S. Maddox for appellant.

Seth R. Aframe , Assistant United States Attorney, with whom Scott W. Murray , United States Attorney, was on brief, for appellee.

Before Lynch, Lipez, and Kayatta, Circuit Judges.

Pursuant to a plea agreement, Louis Gardner pled guilty to a variety of drug and firearm offenses in exchange for a 120-month sentence. While in custody prior to sentencing, he assaulted a fellow inmate, a breach of the plea agreement. In light of that breach, the government withdrew from the agreement. When Gardner then moved...

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