District court's imposition of a 70-months' sentence of defendant found guilty of conspiracy to distribute crack and powder cocaine is vacated and remanded as the defendant has met his burden of establishing plain error in the government's breach of the plea agreement to recommend the minor participant reduction at sentencing.
Argued: October 27, 2009
Decided: December 3, 2009
Opinion by Circuit Judge Hamilton
For Appellant: Sandra Barrett
For Appellee: Amy Elizabeth Ray, Office of the United States Attorney