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Name: U.S. v. Camarillo-Tello
Case #: 00-30029
Court: US Court of Appeals
District 9 Cir
Opinion Date: 01/03/2001
Subsequent History: None

The government breached the terms of the plea agreement when it failed to recommend the four level departure from the sentencing guidelines it had agreed to make. Here, after the district judge indicated to the defendant that he was inclined to adopt the probation officer’s recommendation of a two level departure, the government made an affirmative statement in support of the probation recommendation. While the recommendation did not have to be “enthusiastic,” the government was obligated to recommend the four level departure it agreed to in the plea agreement. The matter was remanded for resentencing before a different judge.