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U.S. v. FORNEY

No. 92-2220.

9 F.3d 1492 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Mark FORNEY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 27, 1993.

Attorney(s) appearing for the Case

Victor D. Martinez, Bruce J. Kessler, Martinez & Kessler, Tampa, FL, for defendant-appellant.

James Preston, Tamra Phipps, Gregory W. Kehow, Jack E. Fernandez, Asst. U.S. Attys., Tampa, FL, for plaintiff-appellee.

Before BIRCH, Circuit Judge, CLARK, Senior Circuit Judge, and HOEVELER, Senior District Judge.

BIRCH, Circuit Judge:

In this appeal, the defendant-appellant contends that he should have received a downward departure in his sentence pursuant to his plea agreement with the government. The district court declined to depart downward based on substantial assistance because the government did not move for such a departure. After review of the record, we AFFIRM.

I. BACKGROUND

Defendant-appellant Mark Forney pleaded guilty to conspiracy to possess...

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