Legal Opinion
United States v. VanDam
Court of Appeals for the Tenth Circuit
Decided July 10, 2007No. 06-4104PublishedCited by 40 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
Defendant Leonard Dale VanDam argues that the government breached its duty under his plea agreement by failing to recommend a term of imprisonment at the bottom of the applicable range under the United States Sentencing Guidelines (the “Guidelines”). As a remedy, Mr, Van-Dam seeks specific performance before the same judge.
We agree that the government breached the plea agreement. We also agree on these facts that Mr. VanDam should receive his requested remedy. Accordingly, exercising our jurisdiction under 18 U.S.C. § 3742(a)(1) and 28 U.S.C. § 1291, we VACATE Mr.…
2Cases cited32 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Mabry v. JohnsonSupreme Court of the United States · 1984
- Anthony Correale v. United StatesCourt of Appeals for the First Circuit · 1973
- United States v. MeyersCourt of Appeals for the Tenth Circuit · 2000
- United States v. Troy Vaval, AKA Justice VavalCourt of Appeals for the Second Circuit · 2005
27 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- United States v. BurkeCourt of Appeals for the Tenth Circuit · 2011
- United States v. Diaz-JimenezCourt of Appeals for the Seventh Circuit · 2010
- United States v. Rodriguez-RiveraCourt of Appeals for the Tenth Circuit · 2008
- United States v. HinsonCourt of Appeals for the Tenth Circuit · 2009
- Chavous v. StateSupreme Court of Delaware · 2008
35 more not listed; retrieve them via the Exa API.