United States v. Ralph Carmine Grandinetti

FAY, Circuit Judge:

This appeal presents the rather narrow issue of whether the government breached a plea agreement by expressing to the sentencing judge reservations over the terms contained within the agreement. Because we conclude that the plea bargain was not carried out by the attorneys of the government who either negotiated the plea or were charged with carrying out the plea agreement, we vacate the sentence and remand for the defendant to be resentenced by another district judge.

The facts in this case are somewhat complicated. The defendant, Ralph Carmine Grandinetti, was originally…