UNITED STATES v. MALMQUIST

No. 22-50872.

92 F.4th 555 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn MALMQUIST, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED February 6, 2024.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, Zachary Carl Ritcher , Assistant U.S. Attorney, U.S Attorney's Office, Western District of Texas, Austin, TX, for Plaintiff-Appellee.

Greg Thomas Kinskey, Esq. , Assistant Attorney General, Kinskey Law, Austin, TX, for Defendant-Appellant.

Before Higginbotham, Higginson, and Duncan, Circuit Judges.


Shawn Malmquist appeals from a guilty-plea conviction and sentence of 151 months of imprisonment and four years of supervised release for conspiracy to possess with intent to distribute 50 grams or more of methamphetamine. On appeal, Malmquist contends that the Government breached the clause of the plea agreement...

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