U.S. Court of Appeals for the Eleventh Circuit, 2012

United States v. McAndrew

U.S. Court of Appeals for the Eleventh Circuit · Decided April 25, 2012

470 F. App'x 801

Counsel

Linda Julin McNamara, Colleen D. Murphy-Davis, Robert E. O’Neill, Josephine W. Thomas, U.S. Attorney’s Office, Tampa, FL, for Plaintiff-Appellee., Mary A. Mills, Federal Public Defender’s Office, Tampa, FL, Rosemary Cakmis, Craig L. Crawford, Donna Lee Elm, Adam Scott Tanenbaum, Federal Public Defender’s Office, Orlando, FL, for Defendant-Appellant.

Cases that cite this one

2 later published cases cite this decision.

Leogue v. Broward County (United States District Court for the Southern District of Florida 2021)
THORNTON v. HEALTHCARE STAFFING INC (United States District Court for the Middle District of Georgia 2021)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

James Joseph McAndrew appeals his sentence of 720 months of imprisonment for knowingly possessing child pornography that was transported in interstáte commerce, 18 U.S.C. § 2252A(a)(5)(B), and knowingly . receiving child pornography that was transported in interstate commerce, id. § 2252A(a)(2). McAndrew argues that the government materially breached its written plea agreement to recommend a sentence within the advisory guideline range. See United States v. Johnson, 132 F.3d 628, 631 (11th Cir. 1998). The government confesses error. The government concedes that, at resentencing, it breached the plea agreement by asking the district court to sentence McAndrew above the guideline range to the maximum term of imprisonment. We vacate and remand this case for a new sentencing hearing before a different district court judge.

VACATED AND REMANDED.

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