United States v. Harper, No. 10-30643 (5th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to a drug conspiracy charge involving "50 grams or more" of cocaine base. At issue was whether the Government breached defendant's plea agreement by using his immunized statements to advocate for the presentence investigation report ("PSR") guideline calculation. The court held that such use was inconsistent with any reasonable understanding of defendant's plea agreement, and that the Government's proffered justifications for such use were devoid of merit. Accordingly, the court held that the Government breached defendant's plea agreement and he was entitled to resentencing before a different judge.
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