United States v. Mary Floyd

SNEED, Circuit Judge:

Appellant Mary Floyd challenges the district court’s denial of her request for specific performance of her plea agreement which required the government to move for a downward departure if she complied with the agreement. We vacate her sentence and remand for further proceedings.

I

FACTS AND PRIOR PROCEEDINGS

In December of 1989, undercover government agents met with Mary Floyd and her companion, Anthony Myers, to conduct negotiations for the sale of ephedrine, a precursor ingredient for methamphetamine. Floyd and Myers were acting as brokers for a customer that manufactured…