United States v. Looking
United States v. Looking
Opinion of the Court
MEMORANDUM
Dick Lee Calf Looking appeals his conviction and 21-month sentence imposed after his guilty plea to involuntary manslaughter, in violation of 18 U.S.C. §§ 1112,1153(a). We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand.
Looking argues that the district court plainly erred when it failed to advise him under Fed.R.Crim.P. 11(e)(2)
Looking next contends that the government breached the plea agreement when it recommended a sentence at the high end of the sentencing range, where the plea agreement specified that the government would recommend a low-end sentence. We agree with Looking’s contention, and the government concedes the error. Therefore, on remand the case shall be assigned to a different judge. See United States v. Franco-Lopez, 312 F.3d 984 n. 7
REVERSED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Effective December 1, 2002, that provision has been renumbered Rule 11(c)(3)(B).
. Appellant’s motion to expedite remand is denied as moot. Counsel for appellant’s motion to withdraw at conclusion of appeal is denied without prejudice for renewal before the district court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.