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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]