DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032779P.pdf 04/28/2004 United States v. Cynthia J. DeWitt
U.S. Court of Appeals Case No: 03-2779
Western District of Missouri
Criminal case - Sentencing Guidelines. When the government
stipulates to a drug quantity and a base offense level, it may not
then initiate an effort at sentencing to obtain a greater sentence,
even if it has come to believe that the stipulation was made in error,
and its attempt to do so is a breach of the plea agreement which entitled
defendant to be resentenced; case remanded with directions for resentencing
before a different district court judge.
[PUBLISHED] [Colloton, Author]