United States v. Cerverizzo

Lawrence M. Cerverizzo appeals the sentence given him after he pleaded guilty to one count of possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). Cerverizzo appeals on two grounds: first, that, in determining his criminal history category, the district court improperly included a prior conviction which was subject to expunetion; and second, that the government violated its plea agreement by faffing to make a motion for a downward departure from Cerverizzo’s mandatory minimum sentence pursuant to U.S.S.G. § 5K1.1. Finding no merit in Cerverizzo’s arguments, we…