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.

063149P.pdf   10/12/2007  United States  v.  Veronica Mosley
   U.S. Court of Appeals Case No:  06-3149
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Colloton, Author, with Murphy and Hansen, Circuit
   Judges]
Criminal Case - sentencing. 135-month sentence for bank robbery is vacated as a breach of plea agreement. Plea agreement provided for two- level downward adjustment for acceptance of responsibility and government was barred from arguing defendant failed to accept responsibility based on pre-plea statements. Government's argument that defendant was not entitled to acceptance of responsibility reduction was breach of plea agreement and resentencing is required. Harmless error analysis does not apply. On remand, defendant shall be resentenced by different judge.