United States v. Donnie Lee Cook

HARLINGTON WOOD, Jr., Circuit Judge.

In this appeal from the district court’s denial of a motion to vacate a guilty plea, defendant-appellant Donnie Lee Cook claims that the Government breached the terms of its plea agreement and that he should be permitted to plead anew to the charges against him. ' We agree and reverse.

I

On December 13, 1979, Donnie Lee Cook was charged with one count of conspiracy to distribute cocaine, three counts of distributing cocaine and one count of using a communication facility to facilitate acts constituting a felony, contrary to 21 U.S.C. §§ 846, 841(d)(1), and…