United States Eighth Circuit

Sentence for intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime is affirmed where: 1) defendant failed his initial burden of showing that the government's refusal to make a substantial assistance motion was premised on an improper unconstitutional motive; and 2) the district court did not err in refusing to hold a hearing on that issue.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• BENTON, Circuit Judge., Before RILEY, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William M. Orth, argued, Minneapolis, MN for appellant.


• For Appellees:
  
• Kimberly A. Svendsen, AUSA, argued, Rachel K. Paulose, AUSA, on the brief, Minneapolis, MN, for appellee.