U.S. v. Castro-Cervantes, No. 89-50145 (9th Cir.) (927 F.2d 1079) (August 9, 1990) (Judge John T. Jr. Noonan)
In this case the defendant pled guilty to two counts of robbery and admitted committing two more uncharged robberies in the plea agreement. The Government agreed to dismiss five robbery counts. At sentencing, the district court departed upward to account for the five dismissed robberies. The Ninth Circuit reversed, holding …
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