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U.S. v. FOSTER

No. 97-4786.

155 F.3d 1329 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Claude FOSTER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 24, 1998.

Attorney(s) appearing for the Case

Abe A. Bailey, Miami, FL, for Defendant-Appellant.

Adalberto Jordan, Evelio J. Yera, Lisa T. Rubio, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT, BARKETT and MARCUS, Circuit Judges.

MARCUS, Circuit Judge:

This is an appeal from a 41-month sentence for conspiracy to possess counterfeit currency in violation of 18 U.S.C. § 371, and making counterfeit currency in violation of 18 U.S.C. § 471, imposed as the result of a plea agreement. On appeal Defendant Claude Foster ("Foster") argues that 1) the district court erred in failing to grant a downward departure because the government engaged in sentencing manipulation; and 2) the district...

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