United States v. Loza-Gracia, No. 11-40127 (5th Cir. 2012)
Annotate this CaseDefendant appealed the sentence imposed after he pled guilty to one count of conspiracy to posses with intent to distribute cocaine pursuant to a written, non-binding plea agreement. On appeal, defendant argued that the Government breached the plea agreement when the PSR recommended a higher base level than that agreed to by the Assistant U.S. Attorney (AUSA). Because the plea agreement entered into by the AUSA did not bind the Probation Officer from making sentencing recommendations in the PSR nor did it bind the district court, the court affirmed the sentence.
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