United States v. Xayver Warner
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Sentence vacated and case remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge. DUNCAN joined.
NIEMEYER, Circuit Judge:
Xayver Warner, who pleaded guilty pursuant to a plea agreement , to one count of aiding and abetting the theft of a firearm, contends that the government breached the plea agreement. We agree.
In the plea agreement, the government agreed to advise the district court at sentencing that the parties had agreed that the 4-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) (increasing a defendant’s offense level for use or possession of a…
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