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U.S. v. GILCHRIST

No. 97-7224.

130 F.3d 1131 (1997)

UNITED STATES of America v. William GILCHRIST, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Morey M. Myers, Daniel T. Brier, (Argued) Myers, Brief & Kelly, L.L.P., Thomas J. Hanlon, Scranton, PA, for Appellant.

David M. Marasch, United States Attorney, Lorna N. Graham (Argued), Assistant United States Attorney, Scranton, PA, for Appellee.

Before: BECKER, MANSMANN, Circuit Judges, and HOEVELER, Senior District Judge.

OPINION OF THE COURT

HOEVELER, Senior District Judge.

William Gilchrist appeals from a final judgment of conviction and sentence requesting that we vacate his sentence and permit him to withdraw the guilty plea he entered pursuant to a Rule 11(e)(1)(C) binding plea agreement. We find that the imposition of the additional condition of supervised release breached the plea agreement, but we will remand for the district court to determine whether to impose the...

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