United States v. Lershawn Vincent Kelly
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HANSEN, Circuit Judge.
Lershawn Vincent Kelly appeals the district court’s 1 denial of his motions for a downward departure and to withdraw his guilty plea. Kelly moved for a downward departure from the mandatory minimum 20-year sentence applicable to him, contending that the government breached the written plea agreement by refusing to so move in spite of Kelly’s assertion that he fully cooperated to the best of his ability in accordance with the agreement. To remedy the alleged breach, Kelly seeks resentencing with an order from this court compelling a government motion for downward…
2Cases cited15 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- Wade v. United StatesSupreme Court of the United States · 1992
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- United States v. Alberto De La FuenteCourt of Appeals for the Ninth Circuit · 1993
- United States v. John Robert Boone, United States of America v. David Brook LanhamCourt of Appeals for the Eighth Circuit · 1989
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