Opinion
No. 05-3165.
Filed On: October 1, 2007.
BEFORE: Henderson, Tatel, and Kavanaugh, Circuit Judges
ORDER
Upon consideration of the motion to vacate and remand, the response thereto, the reply, and the lodged sur-reply; and the motion for leave to file a sur-reply, it is
ORDERED that the motion for leave be granted. The Clerk is directed to file the sur-reply lodged by appellant on July 18, 2007. It is
FURTHER ORDERED that appellant's sentence be vacated and the case be remanded to the district court for resentencing. Upon remand, the district court shall determine the appropriate remedy for the government's breach of the plea agreement. In so determining, the court shall consider the remedial measures that have been suggested to this court, including reassignment to a different judge, exclusion of certain information from materials submitted to the sentencing court, and recomputation of appellant's offense level without an enhancement under U.S.S.G. §§ 3C1.1. See United States v. Wolff, 127 F.3d 84, 87, 89 (D.C. Cir. 1997) (describing district court's broad discretion in fashioning remedy for breach of plea agreement).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.