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U.S. v. Moulder, No. 97-10417 (5th Cir.) (141 F.3d 568) (May 18, 1998) (Judge Rhesa Hawkins Barksdale)

Case held that when a sentence is vacated under ยง 2255 in light of Bailey, the Government is permitted to reinstate charges it originally dismissed pursuant to a plea agreement under the contract law doctrine of frustration of purpose.

 

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