4th Cir. Splits with 5th Cir. on whether government may withhold 3d acceptance point in exchange for appeal waiver

In United States v. Divens, No. 09-4967 (4th Cir. July 5, 2011), the 4th Cir. splits with the 5th Cir.(United States v. Newson, No. 06-41115 (5th. Cir. Jan 22, 2008)) in holding that the government may not refuse to motion for the third acceptance point if a defendant refuses to sign a plea agreement containing an appeal waiver.