United States v. Buffington

ORDER

Calvin Buffington pleaded guilty to conspiring to possess and distribute cocaine and heroin, 21 U.S.C. §§ 846, 841(a)(1), possessing and distributing those drugs, id. § 841(a)(1), and possessing a firearm in furtherance of a drug trafficking offense, 18 U.S.C. § 924(c)(l).Buffington argues that the prosecutor improperly withheld a motion under U.S.S.G. § 5K1.1 to reduce his prison sentence for substantial assistance. Buffington waived this contention through his conduct in the district court, and even if he had not, he failed to make a substantial threshold showing that the prosecutor’s…