United States v. Rodney McGilvery

OPINION

POLSTER, District Judge.

Defendantr-Appellant Rodney McGilvery (“McGilvery”) appeals his sentence of twenty-one months’ imprisonment following his conviction, pursuant to a guilty plea, for misprision of felony in violation of 18 U.S.C. § 4. McGilvery raises three issues on appeal. First, he argues that the government breached its plea agreement by failing to move for a downward departure for substantial assistance under U.S. Sentencing Guidelines § 5K1.1. Next, he argues that the district court abused its discretion when it denied his motion for a downward departure for aberrant…