Clark v. United States

SCHWELB, Senior Judge:

Ralph L. Clark, Jr. has asked this court to vacate his ten-year prison sentence for armed robbery and related weapons and other offenses on the grounds that the government breached its plea agreement with him by requesting that he be sentenced to serve twenty years in prison when it had agreed not to allocute for more than ten years. The government acknowledges that such a breach initially occurred, and we agree with Clark that the violation was serious and inexcusable. The trial judge, however, noted the breach at the sentencing hearing, and she brought it to counsel’s…