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No. 94-5492
MICHAEL BLAKELY,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of North Carolina, at Charlotte.
Graham C. Mullen, District Judge.
(CR-93-36)
Submitted: February 7, 1996
Decided: February 29, 1996
Before MURNAGHAN and WILLIAMS, Circuit Judges, and
PHILLIPS, Senior Circuit Judge.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
William E. Martin, Federal Public Defender, John Stuart Bruce, Deputy Federal Public Defender, Greensboro, North Carolina, for Appellant. Mark T. Calloway, United States Attorney, Kenneth D. Bell,
First Assistant United States Attorney, Thomas G. Walker, Assistant
United States Attorney, Charlotte, North Carolina, for Appellee.
_________________________________________________________________
Because Blakely materially breached the terms of the plea agreement, the government was no longer obligated to move for a downward departure based upon that agreement. See United States v.
David, 58 F.3d 113 (4th Cir. 1995); see also United States v. West,
2 F.3d 66, 69 (4th Cir. 1993) (defendant who breaches terms of plea
agreement forfeits any right to its enforcement). Although we grant
Blakely's motion to file a supplemental appendix, the sentence
imposed by the district court is accordingly affirmed. We dispense
with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
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