Court of Appeals for the Third Circuit March 4, 2003, No. 02-1396 (United States v. Rodriguez)

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Robert Rodriguez pursuant to a plea agreement pleaded guilty to eight counts of distribution of heroin or cocaine base within 1000 feet of a school in violation of 21 U.S.C. § 860. The plea agreement provided for the government to file a motion for a downward departure pursuant to U.S.S.G. § 5K1.