United States v. William Rivera, AKA Chan, AKA Choukie Miguel Nieves, AKA Charlie, AKA Mike, Christopher Guilfuchi, AKA Shorty

VAN GRAAFEILAND, Circuit Judge:

Christopher Guilfuchi appeals from a judgment of conviction entered oh April 7,1998 in the United States District Court for the Southern District of New York (Kram, J.) following his guilty plea to possession of less than one gram of cocaine base in violation of 21 U.S.C. § 844. The plea was entered pursuant to an agreement with the Government in which the sentencing guideline range for Guilfuchi’s offense was calculated correctly as 6 to 12 months. However, over Guilfuchi’s objection, the district court sentenced him to “time served,” which was approximately 18…