PER CURIAM.
Pursuant to a Fed.R.Crim.P. 11 agreement, the defendant pleaded guilty to one count of simple possession of marijuana. The presentence report computed defendant's guideline range at 0-6 months. The report also noted, however, that a six-month upward departure may be warranted.
At sentencing, the government, without objection from the defendant, argued for and received an upward departure. The trial judge imposed a 12-month sentence. On appeal,...
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