United States v. Foster

PUBLISH D. C. Docket No. 96-653-CR-LCN Appeal from the United States District Court for the Southern District of Florida This is an appeal from a 41-month sentence for conspiracy to possess counterfeit currency in violation of 18 U.S.C. § 371, and making counterfeit currency in violation of 18 U.S.C. § 471, imposed as the result of a plea agreement. On appeal Defendant Claude Foster (""Foster"") argues that 1) the district court erred in failing to grant a downward departure because the government engaged in sentencing manipulation; and 2) the district court erred in enhancing Foster's sentence because it erroneously considered Foster's knowledge of printing to be a special skill and assessed him a two-level upward adjustment under section 3B1.3, U.S. Sentencing Guidelines Manual (1997) (""U.S.S.G."").