DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113850P.pdf 08/31/2012 United States v. Jesus Lara
U.S. Court of Appeals Case No: 11-3850
U.S. District Court for the Western District of Arkansas - Ft. Smith
[PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges]
Criminal case - Sentencing. The plea agreement stipulated a specific
offense level and specific range of methamphetamine, and the
government breached the plea agreement by introducing evidence to
support the quantity set out in the presentence report; the district court
plainly erred in allowing the government to introduce the evidence and
the error affected defendant's substantial rights by increasing his advisory
guidelines range; reversed and remanded for sentencing before a different
district court judge.