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U.S. v. PHILLIPS

Crim. No. CR3-89-066-D.

730 F.Supp. 45 (1990)

UNITED STATES of America, Plaintiff, v. Gary Jim PHILLIPS, Defendant.

United States District Court, N.D. Texas, Dallas Division.

February 1, 1990.

Attorney(s) appearing for the Case

Candina Heath, Asst. U.S. Atty., Dallas, Tex., for plaintiff.

Arch McColl, III and Elizabeth Unger Carlyle of Bruner, McColl & McColloch, Dallas, Tex., for defendant.

FITZWATER, District Judge:

Defendant's objections to his presentence report present two questions that are basic to proper application of the Sentencing Guidelines. The first is whether the sentencing judge is bound by facts to which the government and defendant have agreed when the facts conflict with the presentence report. The second is whether the court may accept a plea agreement that is predicated on facts that do not adequately reflect the severity of the actual...

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