District court's sentence of defendant to 48 months' imprisonment for conspiracy to possess with intent to distribute drugs is vacated and remanded as the court committed plain error by failing to give defendant the benefit of the downward departure that it granted in exchange for his substantial assistance in the prosecution of other offenders.
On Appeal from the United States District Court for the Middle District of Pennsylvania
(D.C. No. 07-cr-00400)
District Judge: Honorable John E. Jones, III
Opinion Filed October 2, 2009
Counsel for Appellant: James V. Wade, Federal Public Defender, Frederick W. Ulrich, Assistant Federal Public Defender