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U.S. v. Lawlor, No. 98-1127 (2nd Cir.) (168 F.3d 633) (February 23, 1999) (Judge Chester J. Straub)

Here the Court vacated a sentence and remanded the case to a different judge because the Government had breached its obligations under the plea agreement by taking a position that was "fundamentally inconsistent" with its agreement.

The Second Circuit held that the government breached its plea agreement with the defendant …

 

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