USA v. Daryl Foster

Filing

OPINION filed : The district court's sentence is VACATED and the case is REMANDED with instructions to the district court to re-sentence Defendant, who shall be afforded an opportunity to withdraw his plea bargain based on the government's breach. We further instruct the district court to reconsider its decision not to apply U.S.S.G. [section] 5G1.3(b) based on the language of the plea bargain. Gilbert S. Merritt, Eric L. Clay (AUTHORING), and Bernice Bouie Donald, Circuit Judges.

Case: 12-1642

Document: 006111707425

Filed: 05/31/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Deborah S. Hunt
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: May 31, 2013

Mr. Bradley R. Hall
Mr. Andrew N. Wise
Legal Aid & Defender Association
613 Abbott Street
Fifth Floor
Detroit, MI 48226
Mr. Stanley John Janice
U.S. Attorney's Office
211 W. Fort Street, Suite 2001
Detroit, MI 48226
Re: Case No. 12-1642, USA v. Daryl Foster
Originating Case No. : 2:11-cr-20475-1
Dear Counsel,
The Court issued the enclosed Opinion today in this case.
Sincerely yours,
s/Cathryn Lovely for Roy Ford
Case Manager
Direct Dial No. 513-564-7016
cc: Mr. David J. Weaver
Enclosure
Mandate to issue