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Gov did not breach plea agreement by withdrawing 5K motion

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In US v. Schwartz, No. 05-4978 (Jan 10, 1008), the 3rd Circuit rejected Schwartz's claim that the government breached its plea agreement and acted in bad faith when it withdrew its previously filed motion for downward departure under USSG 5K1.1.Schwartz pleaded guilty to conspiracy to distribute drugs and agreed to cooperate with the government pursuant to a plea agreement in which the government agreed to file a downward departure motion under 5K1.1 in exchange for the cooperation. Schwartz cooperated, and the government filed a downward departure motion one week prior to sentencing. The next day, however, DEA agents arrested Schwartz for violating his bail conditions by using drugs, and found about $4,500 worth of meth, plus a triple beam scale, in his residence...continue to full post

Full post as published by Third Circuit Blog on February 24, 2008 (boomark / email).