District court's sentence of defendant to 48 months' imprisonment for conspiracy to possess with intent to distribute drugs is vacated and remanded as the court committed plain error by failing to give defendant the benefit of the downward departure that it granted in exchange for his substantial assistance in the prosecution of other offenders. 

Read US v. Vazquez-Lebron, No. 08-3222

Appellate Information

On Appeal from the United States District Court for the Middle District of Pennsylvania

(D.C. No. 07-cr-00400)  

District Judge: Honorable John E. Jones, III

Opinion Filed October 2, 2009

Judges

Before:  Fuentes, Chagares, Tashima, Circuit Judges 
Opinion by Tashima, Circuit Judge 

Counsel

Counsel for Appellant:  James V. Wade, Federal Public Defender, Frederick W. Ulrich, Assistant Federal Public Defender

Counsel for Appellee: Martin C. Carlson, United States Attorney, Christy H. Fawcett, Assistant U.S. Attorney