United States v. Holbrook, No. 2:01cv10023, 2011 WL 24564 (W.D. Va. Jan. 5, 2011):
Petitioner intentionally killed her husband without justification and lied repeatedly in order to escape responsibility for the act. Petitioner pleaded guilty and subsequently filed a 2255 motion, which violated the terms of her plea agreement. Government sought to try her for the underlying crimes because she breached her plea agreement. The Court found that although Petitioner did breach the agreement, the Government had not shown that the breach was material, that is, sufficiently serious to warrant a remedy. The Court essentially finds that because 2255 relief was warranted, the breach of the plea agreement was immaterial.