Testo completo
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41866
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GABRIEL MARTINEZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:02-CR-804-2
Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
Gabriel Martinez appeals the sentence imposed following his guilty-plea
conviction for conspiracy to engage in unlawful racketeering conduct in relation
to a Racketeer Influenced and Corrupt Organization (RICO) and conspiracy to
receive firearms after having previously been convicted of a felony. Martinez
argues that the Government breached the plea agreement by failing to
recommend a 140-month sentence, as it had promised in the plea agreement.
United States Court of Appeals
Fifth Circuit
F I L E D
November 26, 2007
Charles R. Fulbruge III
Clerk
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No. 05-41866
2
The record establishes, and the Government concedes, that it breached the
plea agreement. Martinez’s sentence is vacated and the case is remanded for
resentencing before a different district court judge. See United States v. Saling,
205 F.3d 764, 768 (5th Cir. 2000).
SENTENCE VACATED; CASE REMANDED FOR RESENTENCING
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