USA v. Daryl Foster


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.

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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. (513) 564-7000 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

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