United States v. Warren McCray

Warren McCray appeals his conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846 (1987), entered by the district court 1 pursuant to McCray’s guilty plea. McCray seeks a new sentencing hearing before a different judge on the ground that the government breached the plea agreement. We vacate the sentence and remand for resentencing before another judge, as required by Santobello v. New York, 404 U.S. 257, 263, 92 S.Ct. 495, 499, 30 L.Ed.2d 427 (1971).

On July 20, 1987, after reaching an agreement with the government, McCray pleaded guilty to the eighth count of an…