USA v. Roberto Bermudez-Flore
UNPUBLISHED OPINION FILED. [16-30349 Vacated and Remanded] Judge: RHB, Judge: JEG, Judge: SAH. Mandate pull date is 03/31/2017 for Appellant Roberto Bermudez-Flores [16-30349]
Date Filed: 03/10/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
March 10, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Plaintiff - Appellee
Defendant - Appellant
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:15-CR-221-1
Before BARKSDALE, GRAVES, and HIGGINSON, Circuit Judges.
Finding the Government breached its plea agreement with the
defendant, we VACATE his conviction and sentence and REMAND this case
for reassignment to a different judge. 1 Because defense counsel represents
that the defendant may be released as early as next month, we direct the
district court to resolve this case expeditiously.
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
We remand for proceedings before a different judge not because of any “impartiality
of the . . . judge who heard this case,” but because our precedent commands this result.
United States v. Self, 596 F.3d 245, 250 (5th Cir. 2010) (citation omitted).
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