United States v. Anthony Dwayne Anderson

Appellant Anthony Dwayne Anderson appeals the district court’s denial of his “Motion to Enforce Plea Agreement and to Correct an Illegal Sentence.” Anderson pled guilty to two counts of possession of cocaine with intent to distribute and one count of money laundering and was sentenced to concurrent ten-year terms in prison and a six-year term of supervised release. Anderson asserts that the six-year term of supervised release imposed by the district court was an illegal sentence and that the government breached his plea agreement. We have jurisdiction pursuant to 28 U.S.’C. § 1291. We affirm the imposition of a term of supervised release. We reverse, however, the district court’s denial of Anderson’s motion to enforce his plea agreement and remand to the district court with instructions to fashion an appropriate remedy if it determines that the government breached its plea agreement.

I

On July 26, 1987, Anderson and twenty-six co-defendants were indicted on one count of conspiracy to manufacture and distribute a controlled narcotic substance, 21 U.S.C. § 846 , and twenty-three counts of manufacturing, distributing, and possessing with intent to distribute cocaine, 21 U.S.C. §…