United States Eighth Circuit

Sentence for drug crimes and firearms possession is affirmed where: 1) the district court did not abuse its discretion in refusing to compel the government to a file a substantial assistance motion under U.S.S.G. section 3553(e) as defendant failed to meet his burden of showing that the government acted with an improper motive in refusing to file the motion; and 2) the government was not judicially estopped from arguing that defendant had not provided substantial assistance.

Appellate Information

• Decided 07/24/2009
• Published 07/24/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• John P. Greer, argued, Spencer, IA, for appellant.


• For Appellees:
  
• John H. Lammers, AUSA, argued, Sioux City, IA, for appellee.