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U.S. v. NEWSON

No. 06-41115.

515 F.3d 374 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Nishan NEWSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 22, 2008.

Attorney(s) appearing for the Case

Reynaldo Padilla Morin, Lufkin, TX, for U.S.

Kenneth Robert Hawk, Amy R. Blakock, Asst. Fed. Pub. Def., Tyler, TX, for Newson.

Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant Nishan Newson appeals his sentence following a guilty plea conviction for possessing with intent to distribute more than 50 kilograms of marijuana. In particular, he challenges the district court's refusal to grant him an additional one-level decrease under U.S.S.G. § 3E1.1(b) after the Government failed to move for the reduction based on Newson's refusal to waive his right to appeal.

I.

A one-count...

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