Court of Appeals for the Sixth Circuit May 26, 2004, No. 02-2404 (United States v. Trujillo)

OPINION

MILLS, District Judge.

In the instant appeal, Julio Trujillo asks this Court to vacate his sentence and to remand for re-sentencing.

Trujillo contends that he is entitled to a new sentencing hearing for two reasons: *479(1) because the downward departure provision of his plea agreement was illusory, unenforceable, and confused the district court and (2) because the Government breached its