United States of America v. Salvador Guadalupe Navarro

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
April 8, 2016
Before
WILLIAM J. BAUER, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
SARA L. ELLIS, District Judge*
No. 12-2606
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SALVADOR GUADALUPE NAVARRO,
Defendant-Appellant.
Appeal from the United States District
Court for the Southern District of
Illinois.
No. 11 CR 30046
Michael J. Reagan,
Chief Judge.
O R D E R
The petition for rehearing filed by defendant-appellant Navarro is hereby
GRANTED to the extent that footnote 1 of the original opinion issued October 27, 2015,
is AMENDED to read as follows:
Where the government has breached a plea agreement based
* The Honorable Sara L. Ellis, of the United States District Court for the Northern District of Illinois,
sitting by designation.

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No. 12-2606 2
on its sentencing recommendation, our usual course is to
remand for resentencing before a different judge. See Diaz-
Jimenez, 622 F.3d at 694 (“[A] minimum remedy [for breach of
a plea agreement] is specific performance and resentencing by
a different judge.”). We will follow our usual course in this
case as well as suggest that the government consider
assigning this case to a different prosecutor to avoid any
appearance of unfairness in the sentencing process moving
forward.
An amended opinion shall issue accordingly. The mandate shall issue immediately.

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