United States v. Albert Bedonie

86 F.3d 1163 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Albert BEDONIE, Defendant-Appellee. No. 95-10164. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 14, 1996. Decided May 28, 1996. Before: ALARCON, BEEZER and RYMER, Circuit Judges. 1 MEMORANDUM * 2 The government appeals Albert Bedonie's sentence and the district court's refusal to allow it to withdraw from its plea agreement. The government contends that the district court erred in sentencing Bedonie to a term less severe than the stipulated term in the plea agreement without allowing the government to withdraw from the plea agreement. We reverse and remand to the district court. 3 * On December 31, 1993, Bedonie shot and killed two of his brothers-in-law. After the killings, Bedonie drove to a police station and surrendered. 4 On January 25, 1994, Bedonie was indicted for two counts of first degree murder, pursuant to 18 U.S.C.…