Legal Opinion
United States v. Dwight Fowler
Court of Appeals for the Eighth Circuit
Decided April 17, 2006No. 05-2532PublishedCited by 23 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
Dwight Fowler pled guilty to five counts of bank robbery. The district court imposed a sentence of 151 months of imprisonment, to be followed by three years of supervised release. Fowler appeals. We hold that the government materially breached its plea agreement by advocating for the imposition of the career-offender enhancement, in spite of its promise to recommend that the district court calculate Fowler’s sentence based on an offense level that did not include that enhancement. Accordingly, we reverse and remand.
BACKGROUND
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2Cases cited9 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- United States v. John Robert AndisCourt of Appeals for the Eighth Circuit · 2003
- Alejandro Margalli-Olvera v. Immigration and Naturalization ServiceCourt of Appeals for the Eighth Circuit · 1995
- United States v. Van ThournoutCourt of Appeals for the Eighth Circuit · 1996
- United States v. James Francis McGovernCourt of Appeals for the Eighth Circuit · 1987
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. McIntoshCourt of Appeals for the Eighth Circuit · 2007
- Craig Trussell v. Michael BowersoxCourt of Appeals for the Eighth Circuit · 2006
- United States v. PeckCourt of Appeals for the Eighth Circuit · 2007
- United States v. RobertsCourt of Appeals for the Fifth Circuit · 2010
- United States v. Matthew St. PierreCourt of Appeals for the Eighth Circuit · 2019
18 more not listed; retrieve them via the Exa API.