[Download] "United States v. Misenheimer" by Fourth Circuit U.S. Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: United States v. Misenheimer
- Author : Fourth Circuit U.S. Court Of Appeals
- Release Date : January 30, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Calvin Lee Misenheimer pled guilty to conspiracy to possess cocaine and crack cocaine with intent to distribute in violation of 21 U.S.C. § 846 (1994). He appeals the 262-month sentence imposed by the district court, contending that the court erred in finding that it could not compel the government to move for a substantial assistance departure under U.S. Sentencing Guidelines Manual § 5K1.1, p.s. (1997). The government argues that the appeal should be dismissed. We find that the plea agreement does not preclude Misenheimers appeal because the district court struck the waiver of appeal rights before accepting the plea agreement, and we affirm the sentence.
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