United States Sixth Circuit

Although the government retained discretion to determine whether defendants rendered "substantial assistance" under plea agreement, where the government did not show that defendants breached plea agreements and openly claimed it did not determine whether defendants satisfied their duties with respect to parts of plea agreements, government was bound by agreements to file downward departure motions; sentences vacated and case remanded for new sentencing hearings.

Appellate Information

• Decided 04/17/2002
• Published 04/17/2002

Judges

• Before:  KEITH and COLE, Circuit Judges;  MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Dan R. Smith (argued and briefed), Assistant United States Attorney, Johnson City, TN, for U.S., Edward A. Fiorella, Jr. (argued and briefed), Morrison & Fiorella, Charlotte, NC, for Scott Lukse., Charles I. Poole (argued and briefed), Charles Poole & Associates, Sevierville, TN, for Joshua Hight.