Legal Opinion

United States v. Dawson

Court of Appeals for the Fourth Circuit

Decided December 3, 2009No. 08-4000PublishedCited by 39 opinions

1Opinion of the Court

Vacated and remanded for resentencing by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge KING and Judge TRENGA joined.

OPINION

HAMILTON, Senior Circuit Judge:

The issue presented in this appeal is whether the defendant, Malcolm Dawson, is entitled to be resentenced based on his claim that the government breached the terms of his plea agreement by failing to recommend at sentencing a two-level minor participant reduction in his offense level. For the reasons stated below, we conclude that Dawson has met his burden of establishing plain error. Accordingly, we vacate his…

2Cases cited12 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. Puckett v. United StatesSupreme Court of the United States · 2009
  3. United States v. VonnSupreme Court of the United States · 2002
  4. United States v. Tracey Donell White, United States of America v. Clarence JacksonCourt of Appeals for the Fourth Circuit · 1989
  5. United States v. Denver Shelton PrattCourt of Appeals for the Fourth Circuit · 2001

7 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. United States v. Brandon TateCourt of Appeals for the Fourth Circuit · 2017
  2. United States v. Johnny EdgellCourt of Appeals for the Fourth Circuit · 2019
  3. United States v. LewisCourt of Appeals for the Fourth Circuit · 2011
  4. United States v. William DavisCourt of Appeals for the Fourth Circuit · 2012
  5. United States v. Dean StitzCourt of Appeals for the Fourth Circuit · 2017

34 more not listed; retrieve them via the Exa API.

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