United States Sixth Circuit

A sentence pursuant to a plea agreement to distribution and possession with the intent to distribute cocaine and an order denying defendant's motion to compel the government to file a motion for a downward departure is remanded for further proceedings as it was unclear whether the government exercised its discretion under the plea agreement in deciding whether defendant provided substantial assistance.

Appellate Information

• Decided 06/29/2007
• Published 06/29/2007

Judges

• Before:  MOORE and GRIFFIN, Circuit Judges;  McKINLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Clifton L. Corker, Johnson City, Tennessee, for Appellant.  Caryn L. Hebets, Assistant United States Attorney, Johnson City, Tennessee, for Appellee.   ON BRIEF:  Clifton L. Corker, Johnson City, Tennessee, for Appellant.  Guy W. Blackwell, Assistant United States Attorney, Greenville, Tennessee, for Appellee.