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: Fifth Circuit Blog

No Presumption of Vindictiveness When Defendant Receives Higher Sentence On Remand From Different Judge Of the Same Court

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United States v. Rodriguez, No. 09-20181 (5th Cir. Mar. 25, 2010) (King, Barksdale, Elrod)From the be-careful-what-you-wish-for files: Rodriguez entered into plea agreement in exchange for 1) dismissal of some counts, and 2) the Government's promise not to seek offense level enhancements at sentencing. The Government then breached the agreement by defending the PSR's calculation of the Guidelines

Full post as published by Fifth Circuit Blog on March 30, 2010 (boomark / email).

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