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083881P.pdf   10/19/2009  United States  v.  Joseph Martin, Jr.
   U.S. Court of Appeals Case No:  08-3881
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and
   Shepherd, Circuit Judge]
Criminal case - Sentencing. While defendant's offense involved powder cocaine, the transactions were not complete until he cooked the powder and delivered crack to the buyer, and the district court did not err in denying his request to be sentenced under the cocaine powder guidelines; district court did not plainly err in denying defendant's request for a downward departure based on the disparity between the crack and cocaine guidelines; sentencing entrapment argument rejected; plea agreement allowed the government to refrain from recommending an acceptance of responsibility reduction if new information came to light, and defendant's post-plea criminal conduct released the government of its responsibility to request the reduction; government did not breach the plea agreement by supporting the PSR's recommendation of an enhancement for obstruction of justice.