United States v. Newson

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. § 3E 1.1(b) after the Government failed to move for the reduction based on Newsoris refusal to waive his right to appeal.

I

A one-count indictment charged Nishan Newson with violating 21 U.S.C. § 841(a)(1) by possessing with intent to distribute more than 50 kilograms of marijuana. He pleaded…