United States v. Olislager ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-4193
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICHARD OLISLAGER,
Defendant – Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:07-cr-00030-F-1)
Submitted: November 25, 2008 Decided: December 15, 2008
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Geoffrey W. Hosford, HOSFORD & HOSFORD, P.C., Wilmington, North
Carolina, for Appellant. George E. B. Holding, United States
Attorney, Anne M. Hayes, Banumathi Rangarajan, Assistant United
States Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Richard Olislager appeals his forty-year sentence
following a guilty plea to one count of receiving child
pornography, in violation of 18 U.S.C.A. § 2252(a)(2) (2006).
The government concedes--and our review of the record confirms--
that, by failing to make a recommendation that Olislager’s
sentence not exceed 180 months, the government breached the
terms of its plea agreement with Olislager. Accordingly, we
remand to the district court for resentencing. We direct that a
different district judge conduct the resentencing proceedings.
See United States v. Peglera, 33 F.3d 412, 415 (4th Cir. 1994).
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.
VACATED AND REMANDED
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